The following is from the Dec. 4 White House daily briefing, in which spokesman Ari Fleischer was asked whether the U.S. border is in reality open to Mexican trucks, in view of a lawsuit brought by a group trying to block the president's decision to allow Mexican trucks onto U.S. highways.

The group - which includes Public Citizen, the Environmental Law Foundation, the International Brotherhood of Teamsters, the California Federation of Labor AFL-CIO and the California Trucking Association - has asked the 9th U.S. Circuit Court of Appeals to consider environmental issues related to the president's decision.

The government had until Dec. 4 to respond.

We're not sure Fleischer actually answered the question posed to him. But for the record, here's what was asked along with the reply:

Q: A question on Mexico. The president has until today to present an appeal in federal court in San Francisco to open the border to the Mexican trucks. Certain environmental groups in Los Angeles present a decision to the court that has been accepted. And the border is closed now for the Mexican trucks, in contrast what the president ordered last week. Has the president sent an appeal already?

Fleischer: Actually, the border is open per the president's directive. The president, honoring our commitments to NAFTA and also to safety here at home, has put in place a system for trucks driven by Mexican drivers that comply fully with all federal, state and local laws and regulations pertaining to trucker safety, that they would have the rights to drive on American roads.

A group that opposes the president's commitment to NAFTA and to safety has filed a stay against the president's decision. The court has not ruled on the stay, and so the president's decision is in effect. And I don't have anything more for you on that, other than the president's decision is in effect. The procedures will go through the courts, as per usual. And I can't guess what the timing of the courts will be.