Order 5-4 represents a loss for environmental groups represented by the American Civil Liberties Union, which asked the justices to raise an order from a year that would allow the government to continue building the wall. pending appeals. It was a win for Trump, who made the wall building a foundation of his presidency.
Justice Stephen Breyer, accompanied by Justice Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor. Breyer noted that once the court reaches the case on merits, part of the wall may be complete.
“The Court’s decision to allow construction to continue however, I fear, could work effectively, as a final judgment,” Breyer wrote.
The dispute concerns the ACLU̵7;s challenge of using $ 2.5 billion from the Pentagon to build wall sections along the southwest border. Last month, a federal appeals court ruled against Trump, arguing that the administration has no authority to divert Pentagon funds to create additional U.S.-Mexico border barriers without congressional approval. But the opinion has no immediate effect due to the Supreme Court order since last year which is still in place.
“Trump’s administration has lost every lower court, but is still in a hurry to complete the president’s borderline before the Supreme Court examines the merits of this case,” said Dror Ladin, staff of the National Security Project staff. ACLU in a statement before ordering.
He said that if the Supreme Court does not lift its own stay the wall will be built at the time the court decides whether to take the case.
Lawyers for the Department of Justice urged the fairs to leave their stay in the area, noting that the government plans to ask the Supreme Court to take the case in early August. Such a timeline means that the just can decide early in the fall if they hear the dispute.
“As the government explained, stopping the construction process during the trial imposes significant costs on the DoD, which may be necessary to reimburse its contractors for additional costs that such delays cause them to have, “argued government lawyers.
This is a violation of the story and will be updated.