Biden's lawsuit against Texas' border buoys doesn't hold water

DOJ sued Texas over the buoy barriers placed in the Rio Grande, contending the federal government should have been consulted, and that the buoys are “offensive" to the Mexican government.

Robert Henneke is the executive director and general counsel at the Texas Public Policy Foundation.

DOJ sued Texas last month over the buoy barriers placed in the Rio Grande, contending the federal government should have been consulted, and further, that the buoys are "offensive" to the Mexican government. 

And while the central premise of the federal government’s case was that it had regulatory authority over the Rio Grande as a navigable waterway, DOJ lawyers failed to prove it’s navigable (as was pointed out in the Texas Public Policy Foundation’s amicus brief on behalf of 22 members of Congress).