JANUARY 2020 -

FEDERAL APPELLATE COURTS -

U.S. Court of Appeals for the Fifth Circuit -

El Paso County, Texas, et al. v. Donald J. Trump, et al.

On January 8, 2020, a divided panel of the court quickly granted a stay of the lower court’s injunction against using appropriated DOD funds to build a section of the “border wall” in the El Paso area. The court noted that a similar stay was granted by the Supreme Court last year in Trump v. Sierra Club, 140 S. Ct. 1 (2019), and the Government is “entitled to the same relief” here. In addition, the court suggested that the plaintiffs lacked Article III standing. Judge Higginson dissented because, without further discussion, he was unable to conclude that the Government has shown a likelihood of success on the merits or irreparable harm in the absence of a stay.