In the heated debate surrounding Texas' efforts to defend its border, constitutional scholar Jonathan Turley has expressed skepticism about the state's chances of mounting a successful constitutional defense in federal court. Turley, speaking on Fox News' "America's Newsroom," acknowledged the Biden administration's role in creating what he called an "unprecedented" migrant crisis in Texas but pointed out the challenges Texas may face in constitutional arguments.

Governor Greg Abbott has been vocal about Texas' right to protect its border, stating that the state will prevail before a federal appeals court and the Supreme Court. Turley agreed with Abbott that the federal government's handling of the situation violates the understanding between federal and state governments, but he highlighted the difficulty in convincing federal courts that the current influx of migrants amounts to an invasion as referenced in the Constitution.

Turley explained that the courts will likely define invasion in the context of a foreign state, making it challenging for Texas to make a solid constitutional argument. Furthermore, Turley noted that although the overwhelming number of migrants crossing the border presents an imminent danger, courts may interpret imminent danger in the framework of an invasion by a foreign state.

However, Turley acknowledged that many judges may sympathize with Texas, considering the strain the crisis has placed on the state. He mentioned even Democratic mayors expressing concerns about their cities being overwhelmed by the situation. Turley emphasized that the Biden administration's open-border approach has created an existential crisis, making it an unfavorable time for the federal government to remove barriers.

Despite these sympathetic sentiments, Turley reminded viewers that the federal government has the upper hand legally, as they tend to receive deference along the border. This legal advantage puts Texas in a challenging position in their legal battles with the Biden administration.

Governor Abbott's assertion of Texas' right to "self-defense" against a migrant "invasion" has intensified the state's multi-pronged battle with the Biden administration. Abbott argues that the federal government has broken the compact between the United States and the states by failing to enforce immigration laws and even violating them. The state is currently embroiled in legal disputes over the seizure of Shelby Park near Eagle Pass, the cutting of Texas' razor wire, and the establishment of buoys in the Rio Grande.

In a recent setback for Texas, the Supreme Court sided with the administration in granting an emergency appeal, allowing agents to continue cutting border wire set up by Texas. However, Texas remains resolute in its efforts to strengthen physical barriers along Eagle Pass, as demonstrated by images published by the state this week.

As the legal battles between Texas and the Biden administration continue, the outcome remains uncertain. Turley's analysis suggests that while Texas may face an uphill battle in defending its border enforcement efforts constitutionally, the state's arguments have garnered sympathy from various quarters who recognize the overwhelming challenges they face.