The Obama judge voted against the wall and the Bush judges split 1-1.
The order was signed by Judges Richard Clifton, appointed by President George W. Bush, and Michelle Friedland, an Obama appointee.
Ninth Circuit Judge N. Randy Smith, appointed by President George W. Bush, dissented.
Smith accused the majority of creating a constitutional issue where none previously existed.
We have no right to expand the Judiciarys role in this manner, he wrote.