“JUSTICE!!!!” Republican Texas Governor Greg Abbott cheered Tuesday after the Fifth Circuit Court of Appeals ruled that a lower court erred in granting a preliminary injunction against Texas’ implementation of floating barriers in the Rio Grande to deter illegal immigration.

Gov. Abbott announced the court’s decision in a social media post:

“The Federal Court of Appeals for the Fifth Circuit just ruled that Texas can KEEP these buoys in the water securing our border.

“Biden tried to remove them.

“I fought to keep them in the water.

“That is exactly where they will stay.

“JUSTICE!!!!”

While the ruling struck down last September’s injunction, it did not decide the 2023 lawsuit against Texas’ floating barriers brought by the Biden Administration, which goes before U.S. District Court Judge David Ezra on August 6.

Still, Tuesday’s Fifth Circuit Court ruling does instruct that future proceedings should be “consistent” with its opinion:

“Accordingly, we now DISSOLVE the stay pending appeal, REVERSE the district court’s order granting a preliminary injunction, and REMAND with instructions to vacate the preliminary injunction and for further proceedings consistent with this opinion.”

The ruling also declares that the lower court erred in ruling that the Biden Administration is likely to win its case against the Texas buoys:

“[W]e hold that the district court clearly erred in finding that the United States will likely prove that the barrier is in a navigable stretch of the Rio Grande.

“We cannot square the district court’s findings and conclusions with over a century’s worth of precedent, which on a fair and faithful reading renders inapplicable or unpersuasive the evidence on which the district court relies.”

Also on Tuesday, Missouri Attorney General Andrew Bailey announced that the Biden Administration will not appeal the court order he obtained requiring the administration to finish construction of the southwest border wall. The administration had refused to obey a law passed during the Trump Administration ordering and providing federal funding the construction of the wall designed to stem the tide of illegal immigration.