EL PASO COUNTY, TEXAS v. TRUMP

No. 19-51144.

982 F.3d 332 (2020)

EL PASO COUNTY, TEXAS; Border Network for Human Rights, Plaintiffs-Appellees Cross-Appellants, v. Donald J. TRUMP, President of the United States, in His Official Capacity; Mark Esper, Secretary, Department of Defense, in His Official Capacity; Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security, in His Official Capacity; David Bernhardt, Secretary, U.S. Department of the Interior, in His Official Capacity; Steven T. Mnuchin, Secretary, U.S. Department of Treasury, in His Official Capacity; Todd T. Semonite, in His Official Capacity as Commanding General United States Army Corps of Engineers, Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED December 4, 2020.


Attorney(s) appearing for the Case

Kristy L. Parker , Cameron Oatman Kistler , Protect Democracy, Stuart Michael Gerson, Esq. , Epstein, Becker & Green, P.C., Ephraim A. McDowell , O'Melveny & Myers, L.L.P., Washington, DC, Deana K. El-Mallawany , Justin Florence , Protect Democracy Project, Incorporated, Watertown, MA, Shaimaa Hussein , Richard Mancino , Wilkie Farr & Gallagher, L.L.P., Anton Metlitsky , O'Melveny & Myers, L.L.P., New York, NY, Jessica Marsden , Protect Democracy Project, Chapel Hill, NC, John Charles Padalino , Austin, TX, for Plaintiffs-Appellees Cross-Appellants.

Courtney Dixon , H. Thomas Byron, III , U.S. Department of Justice, Civil Division, Appellate Section, Michael J. Gerardi , U.S. Department of Justice, Andrew Irwin Warden , U.S. Department of Justice, Civil Division, Washington, DC, for Defendants-Appellants Cross-Appellees.

Lawrence John Joseph , Washington, DC, for Amicus Curiae United States Representative Andy Barr.

Richard Bernstein , Willkie Farr & Gallagher, L.L.P., Washington, DC, Richard B. Kapnick , Attorney, Nancy A. Temple , Jeffrey Tone , Katten & Temple, L.L.P., Chicago, IL, for Amici Curiae Project on Government Oversight, Christopher Shays, Christine Todd Whitman, John Bellinger, III, Samuel Witten, Stanley Twardy, Richard Bernstein.

Natalie Deyo Thompson , Office of the Attorney General, Office of the Solicitor General, Austin, TX, for Amicus Curiae State of Texas.

Samuel Callahan , Arnold & Porter Kaye Scholer, L.L.P., Washington, DC, for Amicus Curiae Former Members of Congress.

John Wallace Griffin, Jr. , Robert Edward McKnight, Jr., Esq. , Marek, Griffin & Knaupp, Victoria, TX, for Amicus Curiae Former United States Government Officials.

Elizabeth Goitein , Brennan Center for Justice at NYU School of Law, Washington, DC, for Amicus Curiae Brennan Center for Justice.

Chelsea Priest , McKool Smith, P.C., Dallas, TX, for Amicus Curiae Former Republican Members of Congress.

Before Owen, Chief Judge, and Dennis and Haynes, Circuit Judges.


El Paso County, Texas and the Border Network for Human Rights (BNHR), a community organization headquartered in El Paso, sued the government defendants, challenging their use of funds allocated for 10 U.S.C. § 284 and § 2808 purposes to construct a wall on the southern border. The district court enjoined...

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