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Ho articulated this view in a concurring opinion in an appellate ruling in July that supported efforts by Texas Gov. Greg Abbott to have state officials block immigrants at the Texas border.

Chief Justice Paul Newby, a Republican, defended Griffin's election protests in a concurring opinion.

One of the justices on the panel, Judge Patrick Higginbotham, wrote a concurring opinion expressing frustration with the test, and asked the Supreme Court to intervene.

He used his concurring opinion to the immunity ruling to ‘highlight another way in which this prosecution may violate our constitutional structure.’

In his concurring opinion, he's like, "You guys, we can just use the 14th Amendment. It’s right there."