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Supreme Court lifts Texas stay on Big Bend border wall work
The Supreme Court on Monday lifted a district-court injunction that had halted Trump administration border-barrier construction in Texas's Big Bend region while the lawsuit continues, CBS News and the Associated Press reported.
- Local 10, ClickOrlando and 2 more are now reporting this
- New headline Was: “Supreme Court Allows Construction of Trump’s Border Wall in Big Bend”
- Our desk filed its story
- Now breaking news
- New headline Was: “Supreme Court allows border wall construction in Big Bend region”
2 earlier updates
- New York Times is now reporting this
- Now breaking news
Wire reporting: (AP, via Local 10)
The Supreme Court on Monday lifted a federal district-court injunction that had stopped Trump administration construction of a border wall and related infrastructure in Texas's Big Bend region, allowing work to resume while the lawsuit continues2,3.
The unsigned order granted emergency relief the Justice Department sought last month after U.S. District Judge Kathleen Cardone of Texas halted construction-related activity in the sector, which includes Big Bend National Park and adjoining state and private land along the Rio Grande2,3.
CBS News reported that the court said the injunction delayed barrier and road construction and impeded the government's asserted interests in border security2. Justice Ketanji Brown Jackson said she would have denied the request2.
The ruling is a lift of the stay, not a decision on the merits of the underlying challenge2,3. The Associated Press, via Local 10, said the high court's action lets construction continue while the case plays out3.
Cardone had found that Congress likely had not clearly authorized sweeping environmental waivers for an area with the southern border's lowest rate of migrant apprehensions, according to the AP account3. CBS News said she concluded the Homeland Security secretary exceeded waiver authority when issuing those waivers2.
The administration has argued there are illegal crossings and drug seizures in Big Bend and that a gap in barriers could draw more traffic there, and that federal law sharply limits court challenges to construction waivers3. Solicitor General D. John Sauer told the justices that stopping work would disrupt efforts to secure a large stretch of the southern border, CBS News reported2.
Opponents, described by CBS News as an environmental nonprofit, a professional riverboat guide and a religious organization, say roads and 30-foot barriers would permanently change parks and river corridor land2. Local bipartisan critics, in the AP account, have called the project a poor use of money in an area of historically low illegal immigration and have favored surveillance such as drones3.
Republicans in Congress last summer funded broader wall construction, and Customs and Border Protection has been building barriers along the southwest border under those waivers, the AP report said3. What remains is the district-court case over whether the Big Bend waivers were lawful; the Supreme Court did not resolve that question2,3.
Sources
- New York TimesSupreme Court Allows Construction of Trump’s Border Wall in Big Bend
- CBS NewsSupreme Court allows Trump administration to resume border wall construction in Big Bend region
- (AP, via Local 10)Supreme Court clears the way for border wall construction in Texas’s Big Bend to resumeAlso (AP, via ClickOrlando), (AP, via ClickOnDetroit), (AP, via KXAN)
- ReutersSupreme Court allows Trump border wall at Big Bend National Park in Texas
How it’s being reported
4 sourcesFirst reported by
Reuters
Supreme Court allows Trump administration to resume border wall construction in Big Bend region
Emergency stay of the injunction, not a final ruling on the waivers
Reports an unsigned order lifting Judge Kathleen Cardone's injunction so wall and related infrastructure work can resume while litigation continues; Justice Jackson would have denied emergency relief.
Supreme Court Allows Construction of Trump’s Border Wall in Big Bend
Gives this outlet’s account of the story.
Supreme Court clears the way for border wall construction in Texas’s Big Bend to resume
Gives this outlet’s account of the story.
Same copy also at: (AP, via ClickOrlando) · (AP, via ClickOnDetroit) · (AP, via KXAN)
Supreme Court allows Trump border wall at Big Bend National Park in Texas
Gives this outlet’s account of the story.
Where they agree
- The Supreme Court on Monday allowed Big Bend-region border construction to resume after lifting a district-court stop-work order.
- The action is interim: construction may continue while the lawsuit proceeds.
- The dispute centers on DHS waivers and work in and around Big Bend National Park.