There’s been considerable controversy after the U.S. Court of Appeals for the Fifth Circuit decided not to overturn a lower court judge’s rapid scheduling of a trial. The trial in question is the U.S. Justice Department’s challenge against Texas’s implementation of floating barriers along the state’s southern border. The Fifth Circuit’s decision did not come without criticism from several of its members who expressed disapproval of the lower court’s actions.
The trial’s swift progression can be attributed to the efforts of Senior U.S. District Judge David Ezra. He designated the trial to occur in January and set a March trial date for the case, a timeline that runs concurrent with the appellate court’s examination en banc of a preliminary injunction against the use of the floating barriers in Texas.
This important case will undoubtedly be followed with keen interest by legal professionals and those jurisdictions dealing with similar issues. Nevertheless, the Fifth Circuit’s reluctance to pause the March trial has drawn the ire of some conservatives. The common grievance was against the judge’s rapid pre-trial schedule, which they believed, was a bit too rushed.
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