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Supreme Court lets Trump resume border wall construction in Texas's Big Bend region

The unsigned ruling lifts a judge's order while the case continues, and Justice Ketanji Brown Jackson dissents alone, without explanation.

The U.S. Supreme Court building in Washington, D.C.
The U.S. Supreme Court building in Washington, D.C.. Photo: Joe Ravi, CC BY-SA 3.0, Wikimedia Commons
33 news outlets reported this
Liberal14 outletsThe environmental stakes and the court's brief, unsigned rulingCenter7 outletsThe legal reasoning and what happens nextConservative12 outletsA win for Trump's border wall agenda
ABRAnews EditorialPublished 1 min read
Overview

The on Monday cleared the Trump administration to restart construction of a border barrier and associated roadways in West Texas's Big Bend area while the case continues. In an unsigned opinion, the court lifted an Oct. 2 from U.S. District Judge Kathleen Cardone. The court said the administration is "exceedingly likely" to win its contention that the lower court had no jurisdiction over the challengers' claims.

It also said showed a clear preference for fast border construction over environmental, recreational and aesthetic harms. Justice Ketanji Brown Jackson alone and gave no explanation. The case was brought by the Center for Biological Diversity, Friends of the Ruidosa Church and a river guide.

They challenged waivers of environmental laws issued by Secretaries Kristi Noem and then Markwayne Mullin under a 1996 law. D. John Sauer argued that leaving a gap in the wall would draw cartels and illegal entry. The challengers say Big Bend has the lowest rate of migrant apprehensions on the border.

The pause on the injunction lasts while the government seeks Supreme Court review and ends if the court denies that petition.

Key figures
  • $46 billionfunding Congress approved for the wall projectThe Boston Globe
  • 89,000apprehensions in the Big Bend sector over four years, as cited by Solicitor General SauerLos Angeles Times
  • nearly $500,000 per daycost of the injunction, per a CBP declaration cited by the courtNewsweek
  • 517-milesection of the Rio Grande covered by the paused order, per the Los Angeles TimesLos Angeles Times
  • 17-milebarrier slated for Big Bend National Park, per Fox News, which says it will not have the 30-foot steel fencing planned elsewhereFox News

Three sides of the story

14Liberal7Center12Conservative

33 news outlets reported this

Tap a color or swipe sideways to switch sides.

Liberal14 outlets

The environmental stakes and the court's brief, unsigned ruling

MS NOW headlines the ruling "over Justice Jackson's dissent" and notes she gave no explanation. CBS News lays out the court's five-page reasoning, including its view that Congress preferred "expeditious border construction" over the plaintiffs' harms, and adds Sauer's warnings. The Los Angeles Times reports that the justices cleared the way and quotes the Center for Biological Diversity's Laiken Jordahl, who says contractors can "bulldoze pristine desert."

The Boston Globe runs the AP report calling the ruling "a blow to bipartisan opponents" and noting Sen. John Cornyn's op-ed against the project. NBC News reports the court said the administration was "extremely likely to prevail" on jurisdiction, and notes the challengers say Big Bend has "the lowest apprehension rates" on the border. CBS and NBC also report the three waivers issued from February.

Center7 outlets

The legal reasoning and what happens next

Newsweek stresses the jurisdiction question. It reports the majority found "there is no such thing as a 'constitutional' major-questions claim," and explains that the stay ends if the government's petition is denied. Courthouse News calls it "a win for President Donald Trump," quotes the court on the nearly half-million dollars in daily costs, and gives the environmental advocates' argument that the landscape will be "forever altered."

The Seattle Times carries the AP report, which describes the ruling as a blow to bipartisan opponents and includes Jordahl's quote. The Journal reports that the project had been halted during a legal challenge by preservationists. Border Report also describes the ruling as a blow to bipartisan opponents of the project.

Conservative12 outlets

A win for Trump's border wall agenda

The Washington Examiner calls the ruling "a key win" for the administration on its emergency docket and reports an 8-1 vote. It quotes Solicitor General D. John Sauer arguing that the challengers' aesthetic and recreational interests cannot outweigh border security. The Federalist's headline says SCOTUS "nukes" the blockade, and its article walks through the court's reasoning on jurisdiction and the major-questions doctrine.

Fox News headlines that the administration can "temporarily" resume construction. It says roughly a quarter of the border falls under the Big Bend Sector, and administration officials expect most building to happen on private land. Fox also reports a 17-mile barrier planned for Big Bend National Park.

The Daily Caller headlines the ruling as coming in a state "that just turned blue" and links it to Democrats' wins in Texas statewide races, including Gina Hinojosa's election as governor. Just the News says Trump "notched a win" and recalls his 2016 wall campaign promise.

What a side did not mention
  • Liberal outlets did not mentionThe court's stay remains while the government petitions for review, and ends if the petition is denied Reported by Newsweek, The Federalist
All sources: 37 articles from 33 outlets

Liberal (16)

Center (9)

Conservative (12)

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Supreme Court

The highest US court: nine justices, appointed for life by the president with the Senate's approval. Its rulings bind every other court.

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Injunction

A court order that stops a government or a company from doing something, or makes it act, often while the case is being decided. A temporary restraining order is the quick, short version.

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Congress

The US parliament: the Senate and the House of Representatives. A bill becomes law when both pass it and the president signs it.

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Dissent

The written opinion of the judges who disagree with the court's majority. It has no legal force, but it spells out the other side and is often quoted later.

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DHS (Department of Homeland Security)

The federal ministry in charge of borders and immigration enforcement. ICE, CBP and USCIS belong to it, as do the Coast Guard, the Secret Service and the disaster agency FEMA.

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Solicitor General

The lawyer who argues the federal government's cases before the Supreme Court. The post is part of the Justice Department.

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Wall Street

A street in New York where the stock exchange stands. In the news it means US financial markets and the big banks and investment firms as a whole.

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