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GENERAL LAND OFFICE v. BIDEN

No. 22-40526.

71 F.4th 264 (2023)

The GENERAL LAND OFFICE of the State of Texas, et al., Plaintiffs, v. President Joseph R. BIDEN, et al., Defendants, State of Missouri; State of Texas, Plaintiffs-Appellants, v. Joseph R. Biden, Jr., in his Official Capacity as President of the United States of America; United States of America; Alejandro Mayorkas, in His Official Capacity as Secretary of the United States Department of Homeland Security; United States Department of Homeland Security; Troy A. Miller, in His Official Capacity as Acting Commissioner of the United States Customs and Border Protection; United States Customs and Border Protection, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED June 16, 2023.

Attorney(s) appearing for the Case

Jeff Johnson , Saint Louis, MO, for Plaintiff-Appellant State of Missouri.

Ryan Baasch , Office of the Texas Attorney General, Solicitor General Division, Austin, TX, Ryan Daniel Walters , Attorney, Office of the Attorney General of Texas, Austin, TX, for Plaintiff-Appellant State of Texas.

Michael Shih , Amanda Mundell , Anne M. Murphy , Trial Attorney, Michael S. Raab , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, Michael J. Gerardi , U.S. Department of Justice, Washington, DC, Andrew Irwin Warden , U.S. Department of Justice, Civil Division, for Defendants-Appellees.

Before Jones, Smith, and Graves, Circuit Judges.

In 2018, the Department of Homeland Security declared, "Walls Work." Indeed, DHS touted the effectiveness of its newly constructed border wall system. But in January 2021, President Biden ordered DHS to reverse course, ending all new border wall construction. Since then, encounters along the U.S.-Mexico border (the...

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