A major win for the Trump administration as the Supreme Court has just ruled to stay a lower court ruling that blocked the President from using $2.5 billion in defense funds to build border security wall. This means the Department of Homeland Security can now use $2.5 billion in defense appropriations to build the border wall. A massive win!
The ruling was 5-4 with the liberal justices in the minority.
WASHINGTON — The Supreme Court on Friday allowed the Trump administration to move forward with plans to build a wall along parts of the Mexican border while litigation over paying for it proceeds.
A trial judge had prohibited the administration from transferring $2.5 billion from the Pentagon’s budget to fund the effort, and an appeals court had refused to enter a stay while it considered the administration’s appeal.
The Supreme Court entered a stay, allowing construction to proceed while the litigation continues.
[…] In urging the Supreme Court to intercede, Noel J. Francisco, the solicitor general, wrote that the plaintiffs’ “interests in hiking, bird watching and fishing in designated drug-smuggling corridors do not outweigh the harm to the public from halting the government’s efforts to construct barriers to stanch the flow of illegal narcotics across the southern border.”
Mr. Francisco argued that the lower courts had misread two provisions of a federal law in concluding that the transfer was not authorized. The law allows reallocation of money to address “unforeseen military requirements” where the expenditures had not already been “denied by Congress.” Mr. Francisco wrote that the drug enforcement measures were unforeseen when the Defense Department made its budget request and that Congress had never addressed the particular narcotics measures. (more)