The Supreme Court cleared the way Monday for the Trump administration to resume border barrier construction in the Big Bend region of Texas. The justices put a lower court’s injunction on hold while the federal government seeks review.
Why the justices lifted the block
In its Nov. 9 order, the Court pointed to a federal law that authorizes the Homeland Security secretary to waive legal requirements to speed construction of border barriers and roads. The law limits challenges arising from those waivers to claims alleging a constitutional violation.
A federal judge in West Texas had halted construction on Oct. 2 after concluding that the challengers were likely to prevail under the major questions doctrine, which asks whether Congress clearly authorized an agency action of major significance. The Supreme Court said the challengers’ argument concerned how the statute should be interpreted and was unlikely to qualify as a constitutional claim.
What happens next in Texas
The Associated Press reported that the lower court’s order covered construction activity in a region that includes Big Bend National Park, as well as state and private land along the river. Opponents have raised concerns about the project’s cost and its effects on the landscape.
Monday’s ruling allows work to resume while the litigation proceeds. The stay ends automatically if the Supreme Court declines a timely petition for review. If the Court takes the case, the stay remains in place until the Court issues its judgment.