WashingtonOnly Justice Ketanji Brown Jackson would have blocked the Big Bend wall.
The waivers exempting construction from the Endangered Species Act stay in force in a national park.
A 1996 law lets district courts hear only constitutional challenges to border barriers, and the court found this claim did not qualify.
Judge Kathleen Cardone found Big Bend has 0.3 to 2.2% of apprehensions, so the waiver could cover the whole border.
The Department of Homeland Security can now start construction while the litigation continues.
How each outlet framed it
drawn from 90+ reports worldwide
- Al Jazeera Online
- frames the Big Bend ruling around the waiver mechanism that sidesteps environmental review, not the wall itself
Sources: Al Jazeera Online