“"The justices' ruling stays a preliminary injunction issued last month by a federal district judge in El Paso, who had temporarily halted border wall construction in the region designated by U.S. Customs and Border Protection as the Big Bend Sector while litigation proceeds. Justice Ketanji Brown Jackson indicated she would have denied the stay request but did not file a written dissent." — Louis Casiano, Fox News, Nov. 9, 2026”
The claim: “"The justices' ruling stays a preliminary injunction issued last month by a federal district judge in El Paso, who had temporarily halted border wall construction in the region designated by U.S. Customs and Border Protection as the Big Bend Sector while litigation proceeds. Justice Ketanji Brown Jackson indicated she would have denied the stay request but did not file a written dissent." — Louis Casiano, Fox News, Nov. 9, 2026”
Why we rated it this way: The Court's Nov. 9 docket entry says the government's stay application was granted, the Western District of Texas injunction in case No. 3:26-cv-01099 is stayed while the government seeks review, and "Justice Jackson would deny the application for stay," with no dissenting opinion listed. The per curiam opinion confirms the injunction was entered on Oct. 2, 2026, halting construction in the area CBP designates the Big Bend Sector. Fox's description of a temporary stay pending litigation matches the order, which ends automatically if certiorari is denied.
See the evidenceWhat would change our rating: A corrected Supreme Court order or docket showing another justice noted a dissent, a written dissent by Justice Jackson, or a different date or court for the injunction would move this verdict.
Our read
The Court's Nov. 9 docket entry says the government's stay application was granted, the Western District of Texas injunction in case No. 3:26-cv-01099 is stayed while the government seeks review, and "Justice Jackson would deny the application for stay," with no dissenting opinion listed. The per curiam opinion confirms the injunction was entered on Oct. 2, 2026, halting construction in the area CBP designates the Big Bend Sector. Fox's description of a temporary stay pending litigation matches the order, which ends automatically if certiorari is denied.
Broadcast
Picture to come
Nov 9, 2026, 5:30 PM CST
Sources
Script
Narration script. If a face or a voice delivers this, the anchor is synthetic.
Evening Check. Fox News says the Supreme Court let border wall construction resume in Texas' Big Bend while the case goes on, with only Justice Jackson saying she would have denied it. The Court's own docket and opinion show exactly that, staying an October 2nd injunction from the Western District of Texas. Verdict: matches record.
Corrections
None on file.