Supreme Court allows Trump to tap $2.5B in Pentagon funds for border wall 

Overturning a lower court decision, the ruling allows the president access
to approximately $2.5 billion for the project while litigation continues.



President Donald Trump speaks while participating in a tour of U.S.-Mexico
border wall prototypes near the Otay Mesa Port of Entry in San Diego,
California on March 13, 2018.Kevin Lamarque / Reuters file

July 26, 2019, 6:58 PM EDT / Updated July 26, 2019, 7:26 PM EDT

By Pete Williams and Doha Madani

The U.S. Supreme Court late Friday cleared the way for the Trump
administration to use Defense Department counter-drug money to build a
portion of the planned wall along the border with Mexico.

By a 5-4 vote, the court lifted a stay imposed in late May by a federal
judge in California that blocked the use of $2.5 billion in Pentagon
counter-drug program money to build more than 100 miles of border wall, a
project announced as part of President Donald Trump's declaration of a
national emergency. The judge had said that only Congress could approve such
a transfer.

The Supreme Court's brief order Friday said only that the groups opposed to
the wall did not have the proper legal status to challenge the transfer in
court. The Sierra Club, in filing a lawsuit over the plan, said the
construction would produce environmental harm.

Trump on Friday night hailed the court's decision, tweeting: "Wow! Big
VICTORY on the Wall. The United States Supreme Court overturns lower court
injunction, allows Southern Border Wall to proceed. Big WIN for Border
Security and the Rule of Law!"

The Justice Department had urged the Supreme Court two weeks ago to act on
its request by July 26. It said the Defense Department would not have
authority to transfer the money after the fiscal year ends September 30.
Given how long it takes to go through the contracting process, the
government said, a prompt answer was necessary.

Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan said they
would have left the lower court's stay in place. Justice Stephen Breyer said
he would have favored a middle ground, allowing the government to prepare
the necessary contracts but maintain a hold on actual construction. 

The American Civil Liberties Union decried Friday's ruling, vowing to
continue to fight to block the use of military funds. The ACLU represents
the Sierra Club and Southern Border Communities Coalition in the fight
against the wall.

“This is not over. We will be asking the federal appeals court to expedite
the ongoing appeals proceeding to halt the irreversible and imminent damage
from Trump's border wall. Border communities, the environment, and our
Constitution’s separation of powers will be permanently harmed should Trump
get away with pillaging military funds for a xenophobic border wall Congress
denied,” Dror Ladin, staff attorney with the ACLU’s National Security
Project, said in a statement Friday night.

The president has been fighting for funding for the wall for months.
Congress declined to approve the billions requested by the president earlier
this year, which led to a partial shut down of the federal government
<https://www.nbcnews.com/holidayshutdown> for 35 days — its longest in
history.

Trump in February
<https://www.nbcnews.com/politics/politics-news/trump-declare-national-emerg
ency-obtain-billions-border-wall-n972021> declared a national emergency that
would require taking money from the Pentagon's budget for a wall. The
emergency declaration set up a battle for power of the purse between the
White House and Congress.

EM         -> { Trump for 2020 }

On the 49th Parallel          

                 Thé Mulindwas Communication Group
"With Yoweri Museveni, Ssabassajja and Dr. Kiiza Besigye, Uganda is in
anarchy"
                    Kuungana Mulindwa Mawasiliano Kikundi
"Pamoja na Yoweri Museveni, Ssabassajja na Dk. Kiiza Besigye, Uganda ni
katika machafuko" 

 

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