Late Friday evening, the Supreme Court gave the Trump administration a temporary green light to begin construction of the border wall using military funds Congress denied. The order, while temporary and limited to specific wall projects where fencing already exists, threatens to permanently damage border communities, the environment, and our Constitution’s separation of powers.
But it’s not the “big victory” President Trump quickly declared. The fight continues.
Most importantly, the Supreme Court has not yet decided the case. The case — which we filed on behalf of the Sierra Club and Southern Border Communities Coalition (SBCC) — now goes back to the Ninth Circuit Court of Appeals. There, we’ll be asking the court to further expedite ongoing appeal proceedings.
It’s important to be clear on what the 5-4 majority of the Supreme Court actually said on Friday. The Supreme Court didn’t give Trump’s abuse of emergency powers the stamp of approval, or say anything about whether the wall construction was lawful. Nor did the Supreme Court say that our clients lack standing — even the government concedes that Sierra Club and SBCC members face harm from the construction of a 30-foot wall on the lands they use and treasure.[…]