Border Security

Supreme Court Filings in Emergency Wall Case

By Vishnu Kannan
Friday, July 19, 2019, 4:48 PM

On July 12, the government filed an application before the Supreme Court for a stay pending appeal to the U.S. Court of Appeals for the Ninth Circuit in Trump v. Sierra Club, concerning the president’s use of military funds to construct his wall along the southern border. The government argues that the district court’s decision to grant an injunction was based on a misreading of the relevant statutory text and that the plaintiffs lack standing to challenge the policy. The appeals court declined to stay the injunction on July 4.

On July 19, the plaintiffs filed their opposition to the government’s application for a stay, arguing that a stay would grant the government an irrevocable victory in allowing the administration to construct its wall.

Both the government’s application for a stay and an immediate administrative stay and the plaintiffs' opposition to the government’s application for a stay are available below.