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Ketanji Brown Jackson Breaks With SCOTUS on Big Bend Border Wall Build

Ketanji Brown Jackson Breaks With SCOTUS on Big Bend Border Wall Build

Summary

The Supreme Court allowed the Trump administration to resume border-barrier construction in Texas’ Big Bend region by pausing a lower-court injunction. The majority said the administration was likely to succeed in arguing that the lower court lacked jurisdiction; Justice Ketanji Brown Jackson was the only justice identified as opposing the stay.

Key Facts

  • The case concerns the Department of Homeland Security’s use of federal authority to waive legal requirements for border construction.
  • A federal district court issued an injunction on October 2 blocking the waivers.
  • The challengers include a river guide, the Center for Biological Diversity and Friends of the Ruidosa Church.
  • The challengers argued that the DHS secretary lacked clear congressional authorization to set aside environmental and conservation laws.
  • The administration argued that a 1996 law gives the DHS secretary broad authority to waive requirements for expediting border barriers.
  • Jackson’s dissent was recorded in the order, and she did not provide a written explanation.
  • The article says a 2025 law allocated $46.5 billion for border fencing and other barriers.
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