Justice Department asks Supreme Court to lift Big Bend wall block

The Justice Department has asked the U.S. Supreme Court to lift a federal injunction blocking construction of border barriers and related infrastructure in Texas’ Big Bend region, renewing a legal fight over the government’s authority to waive laws for the project. The emergency application, filed Wednesday, asks the justices to pause or overturn U.S. District Judge Kathleen Cardone’s order. The Supreme Court had not issued a decision on the request as of Thursday, October 22. Cardone’s October 2 injunction bars construction and ground-disturbing activity in the Big Bend Sector until the government complies with applicable laws. In a later opinion, she concluded that challengers were likely to prevail on their claim that the Homeland Security secretary exceeded statutory authority by waiving legal requirements. She also kept the injunction in place after the administration sought relief from her court. Solicitor General D. John Sauer argued in the application that Congress authorized the secretary to build border barriers and waive legal requirements to expedite construction. The administration’s position rests on a 1996 law that allows the Homeland Security secretary to waive...