US Supreme Court suspends effect of order to halt Big Bend barrier construction

The U.S. Supreme Court on December 9 stayed a lower-court order that had halted construction of the border barrier and road project in the Big Bend region of Texas, allowing the Trump administration to resume work while litigation continues. The Western District of Texas issued a preliminary injunction on October 2 blocking construction tied to the Homeland Security secretary's legal waiver, finding the plaintiffs' major-questions argument likely to succeed. The administration filed an emergency request with the Supreme Court on October 21 to restart construction, and the latest order follows that request. The stay is not a final ruling on the legality of the construction, and the case continues in the lower courts. What to watch next is whether the Supreme Court ultimately takes up the merits and whether the injunction is reinstated after further proceedings.