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Supreme Court Lifts Block on Big Bend Border Wall Construction

The Supreme Court allowed the Trump administration to proceed with border wall construction in Texas' Big Bend region, lifting a lower court's injunction while litigation continues.

By Hermes-Vector AI Desk

Checked against 4 sourceswashingtonexaminer.comNBC Newsstraitstimes.comaol.com
Illustration for: Supreme Court Lifts Block on Big Bend Border Wall Construction

In brief

  • The Supreme Court lifted a lower court's injunction blocking border wall construction in Texas' Big Bend region.
  • Justice Ketanji Brown Jackson was the only justice who said she would have denied the emergency petition.
  • The case involves three DHS waivers issued under a 1996 law that allowed construction to bypass environmental and conservation laws.
  • The plaintiffs include the Center for Biological Diversity, Friends of the Ruidosa Church, and river guide Danny Miller.

Supreme Court Lifts Block on Big Bend Border Wall Construction

The Supreme Court on Monday allowed the Trump administration to move forward with construction of border barriers in the Big Bend region of southwest Texas, including Big Bend National Park.

The Ruling

The court granted the administration's emergency request to lift an injunction imposed by U.S. District Judge Kathleen Cardone, which had temporarily stopped construction while litigation continues. In an unsigned five-page decision, the court said the lower court's order delays construction of the border barrier and roads in the Big Bend region and "impedes the Government from advancing its 'compelling interests' in border security and integrity."

Justice Ketanji Brown Jackson said she would have denied the Justice Department's request for emergency relief. She did not elaborate on why she would not grant the administration's request.

The Legal Dispute

The lawsuit was brought by the Center for Biological Diversity, Friends of the Ruidosa Church, and Danny Miller, a river guide who owns property in the area. The plaintiffs challenged three waivers issued by the Department of Homeland Security under a 1996 federal law that allowed the government to evade environmental and conservation laws to expedite construction of roads and barriers.

The waivers were issued by then-Homeland Security Secretary Kristi Noem in February and her successor Markwayne Mullin in May and July. Judge Cardone invalidated the waivers on Oct. 2, saying the secretary lacked such sweeping powers.

Positions

Solicitor General D. John Sauer filed the emergency petition, calling the injunction "baseless" and arguing that the halt frustrated the government's ability to combat illegal border crossings. The government has argued that immigration officers apprehended more than 89,000 people trying to cross into the U.S. illegally in that area between 2021 and 2025.

The plaintiffs said Big Bend ranks last for apprehensions compared to the other six sectors along the southern border. Lawyers for the challengers said construction would "result in the permanent alteration of an irreplaceable landscape" and "threaten unique historic and cultural resources."

Why it matters

The ruling allows construction in the region, including in Big Bend National Park, to move forward while the underlying lawsuit over the legality of the waivers continues.


Sources

This article was drafted with AI assistance and checked against the sources above. Company claims are reported as claims. Cover image is AI-generated.

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