President Trump’s border wall is facing a surprising new legal hurdle: an obscure law crafted by House Republicans in 2014 when the GOP was targeting then-President Obama’s budget powers
President Donald Trump’s border wall is facing a surprising new legal hurdle down in Texas: an obscure legislative provision crafted by House Republicans in 2014 when the GOP was targeting then-President Barack Obama’s budget powers.
Briones’ rulings have focused more on the second factor: Trump moving money to fund an above-budget increase for the wall. But the legislative history behind the amendment is a reminder that its intent was to also block a president from asking for money for one account, such as military construction, and then reducing the sum to serve his purposes elsewhere.
To be sure, attorneys for the twin plaintiffs — El Paso and a local non-profit advocacy group — offered Briones a broad menu of loftier arguments about separation of powers and the Constitution. But time and again, the judge has seemed content to let the nitty-gritty of the CAA and Section 739 speak for themselves.
As if adding an exclamation point, the judge emphasized that the CAA constitutes a fully-grounded appropriations bill under the Constitution and therefore he attaches greater weight to the words of Section 739. In compliance with Briones’ ruling, cease and desist orders have been issued by the administration for contracts already awarded and funded from the military construction funds. But the Justice Department is fully expected to appeal and ask the Fifth Circuit U.S. Court of Appeals in New Orleans to impose a stay on Briones’ injunction.
In fact, the administration may rue the day it decided to use military construction funds as a way to fund its wall.
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