Texas Governor Greg Abbot basically shut down trade along the US-Mexican border in his state with "secondary inspections." He has now lifted the slowdown saying "Argle bargle caravans scary Messicans argle bargle MS 13 blah blah blah."
Here's the thing. It sure seems to me like Abbott was breaking the law. Certainly what he was doing was unconstitutional.
Under America's first form of government, Congress - such as it was - had no power to regulate trade between states or between states and other countries. New York could carry out its own tariff and trade deals with Britain and Connecticut. This was obviously chaotic and huge - in fact THE - reason that the Constitutional Convention was called. That document gave Congress exclusively the power to regulate trade, either between the states or with other countries, under the Commerce Clause.
Abbott basically decided to create his own trade restrictions with Mexico.
The politics of this are obvious. Abbott wanted to contrast himself with Beto O'Rourke by being "tough on immigration." This is also part of his kidnapping plan to take migrants and refugees and bus them to DC against their will. He's clearly appealing to the Messicans R Skaree demographic in his re-election campaign. (He did manage to infuriate business owners in Texas.) There was also the ancillary benefit of driving inflation higher to hurt Democrats in the midterms.
Here's the thing. Greg Abbott should've been served an injunction and possibly arrested. I realize that this would make him a cause celebre on the Right, but screw it. It's clearly not the time to go around presuming that the average voter is up to date on the Commerce Clause, or that they can understand how or why Republicans are going to want to keep inflation high through the midterms.
This is also not a case of "politicizing the Justice Department." Abbott has broken the law. People who break the law should be arrested and tried in Court. "Not guilt by reason of being a powerful Republican" is simply unacceptable.
Trumpist politics have generated the politics of grievance, but it has also been the politics of lawlessness. That has to stop.
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