James Percival
Role at the time: General counsel of the Department of Homeland Security, posting on X
Statement summary
Percival recalls calling the district court's order halting wall construction unprecedented and flawed when the government went to the Supreme Court, and says the government just won 8-1.
“When we filed in the Supreme Court, I called the district court’s order halting wall construction “as unprecedented as it is flawed.” We just won 8-1.”
Why we used this label
The reference point is the federal government's border barrier and road construction in Texas's Big Bend region under DHS waivers of environmental laws, which the Supreme Court allowed to resume on November 9, 2026. Percival celebrates the order that lets construction resume and repeats his criticism of the injunction, which defends the construction.
