In a 5-4 decision, the Supreme Court ruled on Friday that the Border Wall construction can continue. President Trump has been sued continually since ‘re-purposing’ military funds to build the wall.
The groups sued over the administration’s decision to divert $2.5 billion in military funds to carry out the construction of the border wall in Arizona, New Mexico and California.
A federal appeals court ruled last month that the movement of funds violated the Appropriations Clause of the Constitution because Congress originally designated the funds for defense spending, not the Department of Homeland Security. The Justice Department plans to appeal the case to the Supreme Court in August.
Meanwhile, the border wall continues to go up and the borders will be more secure. The Supreme Court has been somewhat schizophrenic of late, but this move is a win for President Trump.
“The Supreme Court on Friday turned down a plea from opponents of President Donald Trump’s border wall to order a temporary stop to construction. By a vote of 5-4, the justices declined to lift a stay, entered just over a year ago, that allowed the federal government to continue to spend federal funds on construction while a legal challenge to the wall continues. The challengers had urged the Supreme Court to intervene last week, telling the justices that if the stay were not lifted, the Trump administration could finish the wall before the court even decides whether to take up the case on the merits.” Amy Howe at SCOTUS Blog
This ruling will allow the construction of the border wall to continue until the court actually rules on the merits of the original case. Justice Stephen Breyer issued a dissent by saying, “The court’s decision to let construction continue nevertheless, I fear, may operate in effect, as a final judgment.”
The ‘wheels of justice grind slowly’ as the old adage goes, and Justice Breyer is correct. By the time the original case moves through all the courts, likely the wall will be completed.
You can read the progress through the courts on this case so far at this link.
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