There have been a series of lawsuits, by different parties, on different grounds, to halt border wall construction.
The common theme is a District Court, or a Circuit Court, attempting to veto the President’s actions with an immediate effect.
The Supreme Court has twice (July of both 2019 and 2020) ruled that such injunctions will NOT go into immediate effect to stop wall construction, until all appeals are exhausted, and any ruling is final. So they are likely to quickly suspend this injunction as well - if the full Ninth Circuit does not do so first.
There are cases based on the waiving of environmental laws, on the re-programming of Military funds to the Wall, and separately (including this case) on the use of Military Construction funds, under the authority of the National Emergencies Act.
The Supreme Court has not yet ruled on the merits of any of those cases yet - maybe this term. They all seem to be slam dunk wins for the Administration on the merits, unless they find some technicality.
The Chief Justice, and his Senate oversight, are sensitive to the issue of any one of the hundreds of appointed lower court judges, deciding to act as a veto on the elected President (like the now proverbial “Hawaiian Judge”, of “Muslim Ban” fame) - especially if motivated by political partisanship.
It is on the Supreme Court (Chief Justice) to rein in these excesses of the Judicial Branch. Since last year, they have been quick to stay these kinds of injunctions.
Thank you.