Read · November 9, 2026
The Supreme Court lets Trump resume border wall construction in Texas' Big Bend region, over Justice Jackson's dissent
The Supreme Court on Monday, Nov. 9, lifted a federal judge's order that had halted border wall construction in the Big Bend region of West Texas while a lawsuit continues. In an unsigned decision, the court said the administration is "exceedingly likely to prevail" on its argument that the lower court lacked jurisdiction. Justice Ketanji Brown Jackson said she would have denied the request.
- From the LeftNBC News: NBC sets the government's 89,000 detentions against challengers who cite the lowest apprehension rates.
NBC sets the government's 89,000 detentions against challengers who cite the lowest apprehension rates.
Grade: C (79/100). Lehrer score 79/100 (starts at 85; +4 named, on-record sources (2+): Solicitor General D. John Sauer and the challengers' lawyers quoted; +3 primary document linked or cited (filing, ruling, data release, statement): the court's "five-page unsigned decision" quoted; +4 other side quoted or given its response: challengers say construction would "result in the permanent alteration of an irreplaceable landscape"; +2 key numbers sourced: "the Trump administration saying that 89,000 people have been detained"; +2 context: background or what came before: "U.S. District Judge Kathleen Cardone on Oct. 2 invalidated Noem's waivers"; −12 factual error or claim the piece can't support (cite the correct fact) (rule 3): quotes the court as saying the administration was "extremely likely to prevail"; the per curiam order says "exceedingly likely to prevail"; −4 loaded word or phrase in the outlet's own voice (rule 2/7/13): waivers "that allowed the government to evade environmental and conservation laws" in its own voice; −5 unnamed source on a side point, or a figure with no stated source (rule 11): "Officials have warned" with no official named). Fixed scale: 90+ A, 80s B, 70s C, 60s D, under 60 F → C.
- CenterNewsweek: Newsweek walks through the 1996 waiver law, the lower court ruling and CBP's $500,000 a day cost claim.
Newsweek walks through the 1996 waiver law, the lower court ruling and CBP's $500,000 a day cost claim.
Grade: A (98/100). Lehrer score 98/100 (starts at 85; +2 one named, on-record source: a U.S. Customs and Border Protection spokesperson quoted; +3 primary document linked or cited (filing, ruling, data release, statement): the order quoted: "JUSTICE JACKSON would deny the application for stay"; +4 other side quoted or given its response: challengers argued Mullin "exceeded congressional authority"; the government called it a "baseless injunction"; +2 key numbers sourced: "According to a CBP declaration, the injunction was costing nearly $500,000 per day"; +2 context: background or what came before: "In August, bulldozers were seen at the Big Bend National Park clearing land"). Fixed scale: 90+ A, 80s B, 70s C, 60s D, under 60 F → A.
- From the RightWashington Examiner: The Examiner quotes Solicitor General Sauer on cartels and calls the ruling a key win for Trump.
The Examiner quotes Solicitor General Sauer on cartels and calls the ruling a key win for Trump.
Grade: B (82/100). Lehrer score 82/100 (starts at 85; +4 named, on-record sources (2+): Solicitor General D. John Sauer and the per curiam ruling quoted; +3 primary document linked or cited (filing, ruling, data release, statement): "the unsigned per curiam ruling said" quoted at length; +2 context: background or what came before: Judge Kathleen Cardone, "an appointee of former President George W. Bush"; −6 leaves out a fact or voice the other two pieces report / one side only (rule 5/13): gives no voice to the challengers, whose arguments NBC News and Newsweek both report; −6 unlabeled claim, analysis or opinion in the outlet's own voice (rule 2/10): "adding to the administration's overwhelmingly positive record there" in its own voice). Fixed scale: 90+ A, 80s B, 70s C, 60s D, under 60 F → B.
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