A divided panel of the 5th Circuit ruled in the administration’s favor on the use of military construction funds.
A divided federal appeals court has lifted a lower court’s order blocking $3.6 billion in military construction funds that President Donald Trump planned to use to finance an expanded and improved border wall.
The 5th Circuit panel’s majority did not provide a detailed explanation for its action, but noted that last July the Supreme Court stayed a similar injunction issued by a federal judge in Oakland, Calif. “Although I agree with my colleagues that this matter presents ‘a substantial case on the merits’ and involves a ‘serious legal question…’ I am unable to agree, without focused panel deliberation and discussion — possibly aided by dialogue with counsel — that the government presently has shown either a likelihood of success on the merits or irreparable harm in the absence of a stay,” Higginson wrote in his dissent.
Last February, following a budget standoff with Congress and a partial government shutdown, Trump declared a national emergency and announced a plan to use about over $6 billion in military construction and counterdrug appropriations to finance border wall spending. In his dissent on Wednesday, Higginson called the injunction that the Supreme Court lifted “related but distinct” from the case out of Texas.“A court has already determined that the government can’t lawfully use military construction funds to build Trump’s border wall,” said Kristy Parker of the watchdog group Protect Democracy.
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