A federal appeals court on Friday gave the Trump administration the green light for its plan to divert military funding for border wall construction, overturning a lower court decision.
The 5th U.S. Circuit Court of Appeals in a 2-1 decision ruled that El Paso County and the nonprofit Border Network for Human Rights did not have the standing to go against the administration’s plan to take $3.6 billion from more than 100 military construction projects and that neither plaintiff was able to prove they were harmed by the plan.
The decision overturned a 2019 ruling by U.S. District Judge David Briones.
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Judge James Dennis wrote in his minority opinion supporting the county and the nonprofit that he could not join the majority because he believes the “2019 Consolidated Appropriation Act clearly prohibited the redirection of funds that underpins the border-wall.”
The Friday ruling follows an October decision by the 9th Circuit Court of Appeals ruling that the transfer of funds was illegal, upholding a request from the advocacy groups the Sierra Club and the Southern Border Communities Coalition against then-Defense secretary Mark EsperMark EsperAppeals court OKs White House diverting military funding to border wall construction Pentagon: Tentative meeting between spy agencies, Biden transition set for early next week Overnight Defense: Trump orders troop withdrawal from Somalia | 13th US service member dies from COVID-19 | Trump loyalists added to DOD advisory board MORE, acting Homeland Security secretary Chad WolfChad WolfAppeals court OKs White House diverting military funding to border wall construction Judge orders Trump administration to restore DACA, accept new applicants Former cyber official condemns Trump attorney for threats against Krebs, details ouster MORE and “all persons acting under their direction … from using military construction funds appropriated for other purposes to build a border wall.”
The Supreme Court has already agreed to review that ruling, which the 5th Circuit said it disagreed with and would “decline to follow.”
The border wall was one of President TrumpDonald John TrumpAppeals court OKs White House diverting military funding to border wall construction Pentagon: Tentative meeting between spy agencies, Biden transition set for early next week Conservative policy director calls Section 230 repeal an ‘existential threat’ for tech MORE’s top campaign promises in 2016 as he entered office with a vow to curb both legal and unauthorized immigration. He declared a national emergency in 2019 to transfer billions in military funds after he failed to reach a funding deal with Congress, leading to the longest government shutdown in U.S. history.
President-elect Joe BidenJoe BidenAppeals court OKs White House diverting military funding to border wall construction Federal student loan payment suspension extended another month Pentagon: Tentative meeting between spy agencies, Biden transition set for early next week MORE has said he intends to try to end the national emergency that allowed Trump to divert the Pentagon funds.