Supreme Court·Emergency docket
Supreme Court: Big Bend border-wall request fully briefed and awaiting a ruling; challengers say the waivers fail the major questions doctrine

The Trump administration's emergency request to lift a judge's order halting border-wall construction in Texas's Big Bend region (Mullin v. Friends of the Ruidosa Church, 26A560) is before Justice Alito after challengers filed their response on Oct. 29, SCOTUSblog reported. Judge Kathleen Cardone ruled the DHS waivers likely exceed the major questions doctrine because Big Bend accounts for only 0.3% to 2.2% of border apprehensions; Solicitor General D. John Sauer argues Congress "did clearly authorize" the secretary to build barriers and waive laws. No order had been issued as of Saturday.
Sources
- SCOTUSblogGroups ask Supreme Court to leave lower court order in place halting border wall construction in southwestern Texas
- SCOTUSblogMullin v. Friends of the Ruidosa Church (26A560)