Supreme Court Punts Biden’s EMTALA Abortion Expansion To Leftist Lower Court
The 6-3 court ruled to lift the stay, giving the leftist San Francisco-based Ninth Circuit Court of Appeals the final say.
The Department of Justice admitted in a new court filing that Texas National Guard soldiers did not block Border Patrol agents from saving migrants who eventually drowned in the Rio Grande last Friday.
On Saturday, the Biden administration accused Texas National Guard soldiers of having "physically barred" Border Patrol agents from responding to migrants-in-distress. The suggestion implicit in the accusation is that the migrants could have been saved had the Texas soldiers, in the words of the White House, not "blocked U.S. Border Patrol from attempting to provide emergency assistance."
But the Justice Department admitted in a filing to the Supreme Court that the migrants — two children and an adult woman — had already drowned when tried to enter the Shelby Park area, the area of riverfront that Texas seized control of last week.
The court filing explains:
On January 12, 2024, at approximately 9:00 p.m., Mexican officials advised Border Patrol of two migrants in distress on the U.S. side of the river in the area near the Shelby Park boat ramp. Mexican officials also informed Border Patrol that three migrants — one woman and two children — had drowned at approximately 8:00 p.m. in the same area.
This is a significant admission that undermines the accusations and suggests the Biden administration was dishonest in its accusations.
Importantly, the government's own admission, filed by Solicitor General Elizabeth Prelogar (D), corroborates what the Texas Military Department said about the incident, namely that "claims that TMD prevented Border Patrol from saving the lives of drowning migrants are wholly inaccurate."
Mexican officials, meanwhile, recovered the bodies of the deceased migrants and confirmed that the migrants never entered U.S. territory.
Still, the DOJ attempted to intimidate the Supreme Court.
"It is impossible to say what might have happened if Border Patrol had had its former access to the area," Prelogar wrote in the filing.
What is clear, however, is that Border Patrol agents would not have been able to save the migrants because they unfortunately had already drowned when Mexican authorities alerted their U.S. counterparts of the tragedy.
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