Supreme Court asked to uphold Big Bend border wall construction injunction

Who's involved

• Eric GlitzensteinCounsel for plaintiffs
• Trump administrationDefendant, petitioned Supreme Court to overturn injunction
• Kristi NoemThen-Homeland Security Secretary, issued waivers
• Markwayne MullinNoem's successor, issued waivers
• U.S. District Judge Kathleen CardoneIssued temporary injunction
• PlaintiffsInclude environmental organization, local property owner, group to preserve church

The facts

• Plaintiffs submitted 40-page brief to Supreme Court on Thursday, Oct. 29.^{1 2} Stated by 2 sources
• U.S. District Judge Kathleen Cardone issued temporary injunction on Oct. 2 barring construction.²
• Judge Cardone issued written opinion on Oct. 14 explaining her reasoning.²
• Three environmental and conservation law waivers were issued earlier this year.^{1 2} Stated by 2 sources
• Waivers were issued by Kristi Noem and Markwayne Mullin under 1996 statute.^{1 2} Stated by 2 sources
• Statute gives DHS Secretary power to waive legal requirements for border wall construction.^{1 2} Stated by 2 sources
• Judge Cardone concluded plaintiffs likely to prevail under major questions doctrine.²

Who said what

These are statements and claims made by the people involved. They are reported, not verified.

• Trump administration Seeks to overturn lower court injunction halting border wall construction.^{1 2}
• Eric Glitzenstein Lifting the order would allow immediate resumption of blasting, bulldozing, and road construction.²
• Kristi Noem and Markwayne Mullin Additional border barriers required in Big Bend area because it is an area of high illegal entry.^{1 2}
• Plaintiffs Waivers lack legal authority under the major questions doctrine.²