The full Fifth Circuit U.S. Court of Appeals has agreed to hear the case over Texas’ marine barriers seven months and multiple court rulings after the Biden administration first sued last July.
The full court agreed to the rehearing of the case after a panel of three judges last month upheld a district judge’s order requiring Texas to move back, not remove, its marine barriers from the middle of the Rio Grande River closer to Texas’ riverbank.
A two-paragraph statement from all Fifth Circuit judges states, “A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, to hear this case en banc, IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed.”
