Supreme Court lets Trump resume Big Bend border wall work in Texas; Jackson dissents

The Supreme Court on Monday allowed President Donald Trump to move forward with building his border wall in the Big Bend region of southwest Texas. The justices lifted an injunction, a court order that had blocked construction while the lawsuit continues ¹.

The decision was a five-page unsigned opinion. It said the federal judge who ruled had no authority to do so ¹. Liberal Justice Ketanji Brown Jackson was the only dissenter ¹.

What the court said

The court said the lower court's order delays construction of the barrier and roads. It said the order "impedes the Government from advancing its 'compelling interests' in border security and integrity" ².

The Big Bend sector covers more than 500 miles of the border and includes Big Bend National Park ². The government says its plan would involve 341 miles of construction ¹.

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How the fight began

The case centers on three waivers from the Department of Homeland Security. Then-Secretary Kristi Noem issued one in February. Her successor, Markwayne Mullin, issued two more in May and July ¹. The waivers let the government skip environmental and conservation laws ¹.

U.S. District Judge Kathleen Cardone invalidated the waivers on Oct. 2. She said the secretary lacked such sweeping powers ¹. The administration then went to the Supreme Court ¹.

Solicitor General D. John Sauer, the administration's top Supreme Court lawyer, said Congress gave the government broad authority in 1996 to build border barriers without red tape ¹. He warned that a halt risked disrupting the government's ability to secure a quarter of the southern border against cartel incursions, drug trafficking and illegal entry ².

disruption of the government's ability to secure a quarter of the southern border against cartel incursions, drug trafficking, and illegal entry

The challengers' case

The Center for Biological Diversity, a church-restoration nonprofit and a river guide who owns property there brought the suit ¹. They said construction would permanently alter an "irreplaceable landscape" ¹. The area includes Big Bend Ranch State Park and nearly 200 miles of the Rio Grande Wild and Scenic River corridor ².

They also dispute the government's claim that illegal crossings are common there. The plaintiffs say Big Bend ranks last among the border's sectors for apprehensions. It covers more than 25% of the border but accounted for between 0.3% and 2.2% of border-wide apprehensions each year, according to court filings ². The government says agents apprehended more than 89,000 people there from 2021 to 2025 ².

What happens next

The lawsuit continues, but construction can now proceed in the meantime ¹. A 47-mile stretch of wall in Hudspeth County, part of the Big Bend region, began in September ².

The project drew pushback from Republican and Democratic lawmakers, ranchers and Texas local law enforcement after bulldozers arrived at the park in August ². Customs and Border Protection then paused work inside the park until the end of September ². The agency says the 30-foot wall will not cut through the park, but more than 200 miles of patrol roads and about 17 miles of vehicle barriers would ².

That matters because the ruling came on the court's emergency docket, before any final decision on whether the waivers were legal. Once land is cleared and roads are cut, that work is hard to undo. The challengers made that argument themselves in court filings ².

The Record

1. Feb 1, 2026Then-Homeland Security Secretary Kristi Noem issued the first of three waivers for Big Bend construction; Markwayne Mullin issued two more in May and July ¹.
2. Oct 2, 2026U.S. District Judge Kathleen Cardone invalidated the waivers, saying the secretary lacked such sweeping powers ¹.
3. Nov 9, 2026The Supreme Court lifted the injunction in an unsigned decision, with Justice Ketanji Brown Jackson dissenting ¹².

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<h2>Supreme Court lets Trump resume Big Bend border wall work in Texas; Jackson dissents</h2> <p><em>By The GOP Files Courts Desk. This article first appeared on <a href="https://thegopfiles.com/story/supreme-court-lets-trump-resume-big-bend-border-wall-work-in-texas-jackson-dissents">The GOP Files</a> on Monday, November 9, 2026.</em></p> <p>The Supreme Court on Monday allowed President Donald Trump to move forward with building his border wall in the Big Bend region of southwest Texas. The justices lifted an injunction, a court order that had blocked construction while the lawsuit continues .</p> <p>The decision was a five-page unsigned opinion. It said the federal judge who ruled had no authority to do so . Liberal Justice Ketanji Brown Jackson was the only dissenter .</p> <h2>What the court said</h2> <p>The court said the lower court&#39;s order delays construction of the barrier and roads. It said the order &quot;impedes the Government from advancing its &#39;compelling interests&#39; in border security and integrity&quot; .</p> <p>The Big Bend sector covers more than 500 miles of the border and includes Big Bend National Park . The government says its plan would involve 341 miles of construction .</p> <h2>How the fight began</h2> <p>The case centers on three waivers from the Department of Homeland Security. Then-Secretary Kristi Noem issued one in February. Her successor, Markwayne Mullin, issued two more in May and July . The waivers let the government skip environmental and conservation laws .</p> <p>U.S. District Judge Kathleen Cardone invalidated the waivers on Oct. 2. She said the secretary lacked such sweeping powers . The administration then went to the Supreme Court .</p> <p>Solicitor General D. John Sauer, the administration&#39;s top Supreme Court lawyer, said Congress gave the government broad authority in 1996 to build border barriers without red tape . He warned that a halt risked disrupting the government&#39;s ability to secure a quarter of the southern border against cartel incursions, drug trafficking and illegal entry .</p> <blockquote><p>disruption of the government&#39;s ability to secure a quarter of the southern border against cartel incursions, drug trafficking, and illegal entry</p><p>&mdash; D. John Sauer, Solicitor General of the United States</p></blockquote> <h2>The challengers&#39; case</h2> <p>The Center for Biological Diversity, a church-restoration nonprofit and a river guide who owns property there brought the suit . They said construction would permanently alter an &quot;irreplaceable landscape&quot; . The area includes Big Bend Ranch State Park and nearly 200 miles of the Rio Grande Wild and Scenic River corridor .</p> <p>They also dispute the government&#39;s claim that illegal crossings are common there. The plaintiffs say Big Bend ranks last among the border&#39;s sectors for apprehensions. It covers more than 25% of the border but accounted for between 0.3% and 2.2% of border-wide apprehensions each year, according to court filings . The government says agents apprehended more than 89,000 people there from 2021 to 2025 .</p> <h2>What happens next</h2> <p>The lawsuit continues, but construction can now proceed in the meantime . A 47-mile stretch of wall in Hudspeth County, part of the Big Bend region, began in September .</p> <p>The project drew pushback from Republican and Democratic lawmakers, ranchers and Texas local law enforcement after bulldozers arrived at the park in August . Customs and Border Protection then paused work inside the park until the end of September . The agency says the 30-foot wall will not cut through the park, but more than 200 miles of patrol roads and about 17 miles of vehicle barriers would .</p> <p>That matters because the ruling came on the court&#39;s emergency docket, before any final decision on whether the waivers were legal. Once land is cleared and roads are cut, that work is hard to undo. The challengers made that argument themselves in court filings .</p> <p><em>Read the original, with every source linked, at <a href="https://thegopfiles.com/story/supreme-court-lets-trump-resume-big-bend-border-wall-work-in-texas-jackson-dissents">thegopfiles.com</a>. Republished under The GOP Files' <a href="https://thegopfiles.com/republish">free republishing terms</a>.</em></p> <img src="https://thegopfiles.com/api/rp/supreme-court-lets-trump-resume-big-bend-border-wall-work-in-texas-jackson-dissents.gif" alt="" width="1" height="1" style="border:0;width:1px;height:1px">

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Sources

1. NBC News, “Supreme Court paves way for Trump to build a section of his border wall in the Big Bend area of Texas” (2026-11-09). nbcnews.com/politics/supreme-court/supreme-court-trump-borde
2. CBS News, “Supreme Court allows border wall construction in Big Bend region” (2026-11-09). cbsnews.com/news/supreme-court-trump-border-wall-big-bend/
3. Courthouse News, “Yielding to Trump, Supreme Court bulldozes barriers to Big Bend border wall” (2026-11-09). courthousenews.com/yielding-to-trump-supreme-court-bulldozes

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