The facts
The Supreme Court granted a stay of the district court injunction pending the filing and disposition of the government’s petition for certiorari, if timely; the order says the stay terminates if certiorari is denied. [1]
The Court reasoned that the challengers’ claims alleging the Secretary exceeded statutory authority were not constitutional claims under the statute’s limits on judicial review. [1][2]
AP and the Texas Tribune report an 8-1 ruling, with Justice Ketanji Brown Jackson opposed. The Court did not decide the full merits of the underlying project challenge. [1][2][3]
AP reported that CBP did not immediately say when work would restart and had not submitted a finalized plan for construction inside the national park. [2]
Relevant context
The dispute concerns waivers under Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act and a lower-court injunction that had halted construction in the Big Bend Sector. [1][2]
Still unconfirmed
- Whether the government will file a timely certiorari petition and whether the Court will grant review.
- When construction will resume and what the final plan will cover, including inside the national park.
Sources
References support the numbered facts above. Source checks: 9 Nov 2026, 23:37 UTC.
- Mullin v. Friends of the Ruidosa Church — order on application for stay
Supreme Court of the United States · Primary source · 9 Nov 2026
Opened the 9 November order. It grants a stay pending filing and disposition of a timely certiorari petition and says the stay terminates if certiorari is denied; Justice Jackson would deny the application.
- Supreme Court clears the way for border wall construction in Texas’s Big Bend to resume
The Associated Press · Reporting · 9 Nov 2026
Opened AP report on the order, the jurisdiction rationale and dissent. AP says CBP did not immediately provide a restart timetable and had not filed a finalized construction plan for the national park.
- Supreme Court allows Big Bend border wall project to resume
The Texas Tribune · Reporting · 9 Nov 2026
Opened independent Texas reporting on the 9 November ruling and its temporary effect while the challenge continues.