Major Supreme Court Ruling on Border Wall Goes in Trump’s Favor

U.S. Air Force airmen install a fence along the U.S.-Mexico border east of San Luis, Ariz., on Oct. 3, 2006. The Guardsmen are working in partnership with the U.S. Border Patrol as part of Operation Jump Start. The airmen are assigned to the 188th Fighter Wing Arkansas Air National Guard. (Photo: DoD, Staff Sgt. Dan Heaton, U.S. Air Force)

Trump scores a ‘Big VICTORY’ as a Supreme Court decision on border wall funding is split down party lines in his favor.

The Supreme Court granted President Trump a significant victory on Friday, ruling that his administration could begin using military funds to construct a wall on the Mexican border.

“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!” tweeted Trump.

The Supreme Court Ruling

The Court ruled 5–4 along partisan lines, with Justice Ginsburg, Justice Sotomayor, and Justice Kagan rejecting the ruling, and Justice Breyer dissenting in part. The five conservative judges did not offer extensive legal reasoning for their decision, but wrote “the Government has made a sufficient showing at this stage that the plaintiffs have no cause of action to obtain review of the Acting Secretary’s compliance.”

The decision will allow the Trump administration to use $2.5 billion in Defense Department funds to renovate barrier projects in Arizona, California and New Mexico. An appeals court had previously frozen the funds and prohibited their use.

Trump declared a national emergency earlier in the year and started a 35-day partial government shutdown in order to demand government resources be diverted to fund the wall. He ended the shutdown after granted him $1.4 billion in border funds, far less than $5.7 billion he was demanding.

Who’s Challenging the Border Wall?

Democrats are fiercely opposed to the wall’s construction and have argued the president’s demands overreach his Constitutional powers.

Around 20 states, as well as activist groups like the American Civil Liberties Union (ACLU), have filed lawsuits in order to stop the president from bypassing Congress with his demands for the wall.

Environmental groups have also fought against the border wall because of its ecological consequences, including exacerbated flooding and threats to wildlife.

The ACLU vowed to fight the Supreme Court’s decision and will seek to expedite the appeals process.

“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,” said Dror Ladin, a staff attorney with the ACLU.

Critics were quick to point to the president’s failure to fulfill his original promise of making Mexico pay for the wall.

“I don’t recall the 2016 campaign chant being ‘build the wall with U.S. defense dollars by appealing to the Supreme Court after losing a shutdown battle with Congress’ And still no money coming from Mexico,” tweeted Chris Lu, the former deputy secretary of labor in the Obama administration.

The decision to use military funds for the border wall comes after the House passed a massive, two-year $2.7 trillion budget deal- $1.48 trillion of which will be allocated to the Pentagon.

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