This is an appeal of a district court order dismissing Texas and Missouri’s challenge to the Biden Administration’s cessation of border wall construction. The states allege that it violates the Constitution and budgetary statutes and did not go through required procedures. In August 2022, the district court dismissed the states’ claims, holding that Missouri does not have standing and that Texas cannot maintain this suit because the state is already challenging the same policies in a separate suit (brought by George P. Bush as the Commissioner of the General Land Office of the State of Texas). The States then appealed.
The appeal is now fully briefed. The case is scheduled for oral argument for December 6, 2022 in New Orleans.
Missouri and Texas’s complaint alleged violations of (1) the constitutional separation of powers; (2) the Take Care Clause (which requires the President to “take Care that the Laws be faithfully executed”); (3) the Impound Control Act of 1974; (4) the APA’s prohibition of arbitrary and capricious agency action; and (5) budgetary statutes.
In early August, Judge Southwick granted the States’ unopposed motion to expedite the appeal.