The court basically said that federal prosecutors had “prosecutorial discretion” over where to spend their efforts (e.g., which illegals to prosecute and/or deport), and any state law infringes on the federal agencies’ authority to exercise discretion.
Failure to enforce is passive.
Cutting barbed wire is active.
The SCOTUS ruling was on an emergency appeal by Biden pending a case that will be heard later. In this case, SCOTUS allowed Biden to continue to cut the wires while the appeal is in progress.I thought that the courts usually prevent one party from continuing to be destructive to the other party while a case is pending. In this case, SCOTUS is letting Biden continue to tear down Texas border obstructions while the case works it way to SCOTUS.
It's like a court letting an abusive spouse continue to beat his wife while the divorce proceedings are in progress instead of approving the restraining order to keep away while the case is pending.
-PJ