Missouri v. Biden (MO Border Wall) - Intervention Appeal

[ARCHIVED - September 2025]

This is an appeal of a district court order denying intervention of non-parties to join the case and the district court’s final judgment order and permanent injunction.

In the original case, the States of Missouri and Texas challenged the Biden Administration’s cessation of border wall construction, alleging that it violated the Constitution and budgetary statutes and did not go through required procedures. Soon after Judge Tipton entered a preliminary injunction for the plaintiff states, five sets of non-parties filed five different motions to intervene in the litigation (as defendants) so that they could seek an order from Judge Tipton that the injunction does not prohibit the federal government from spending the appropriated money in specific ways. 

On May 29 2024, in addition to entering a final judgment for plaintiffs and a permanent injunction, Judge Tipton denied all five motions for intervention. Four out of the five sets of proposed defendant-intervenors appealed Judge Tipton’s decision denying intervention and final judgment order and permanent injunction to the Fifth Circuit. 

The parties finished briefing the appeals on December 18, 2024. The Fifth Circuit heard oral argument on February 24, 2025 in New Orleans. On May 15, 2025, the Fifth Circuit issued an opinion reversing Judge Tipton’s denial of the intervention motions.