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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