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UP FRONT Saturday 27 July 2019

Supreme Court: Trump can use Pentagon funds for border wall

By JESSICA GRESKO
Associated Press
WASHINGTON (AP) — The
Supreme Court cleared the
way Friday for the Trump
administration to tap bil-
lions of dollars in Pentagon
funds to build sections of a
border wall with Mexico.
The court’s five conserva-
tive justices gave the ad-
ministration the greenlight
to begin work on four con-
tracts it has awarded using
Defense Department mon-
ey. Funding for the projects
had been frozen by lower
courts while a lawsuit over
the money proceeded.
The court’s four liberal jus-
tices wouldn’t have al-
lowed construction to start.
The justices’ decision to lift
the freeze on the money
allows President Donald
Trump to make progress
on a major 2016 campaign
promise heading into his
race for a second term.
Trump tweeted after the
announcement: “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!”
The Supreme Court’s ac-
tion reverses the decision of
a trial court, which initially
froze the funds in May, and
an appeals court, which United States Border Patrol officers return a group of migrants back to the Mexico side of the border as Mexican immigration officials
kept that freeze in place check the list, in Nuevo Laredo, Mexico, Thursday, July 25, 2019.
earlier this month. The Associated Press
freeze had prevented the
government from tapping military construction funds, have so far survived legal those bringing the lawsuit Even if the ACLU were to
approximately $2.5 billion in $2.5 billion in Defense De- challenges, and Customs don’t have a right to chal- win, fencing will have al-
Defense Department mon- partment money and $600 and Border Protection has lenge the decision to use ready been built.
ey to replace existing sec- million from the Treasury earmarked the money for the money. Justices Ruth Bader Gins-
tions of barrier in Arizona, Department’s asset forfei- work in Texas’ Rio Grande Alexei Woltornist, a spokes- burg, Sonia Sotomayor and
California and New Mexico ture fund. Valley but has not yet man for the Justice Depart- Elena Kagan would not
with more robust fencing. The case before the Su- awarded contracts. Trans- ment, said in a statement, have allowed construction
The case the Supreme preme Court involved just fer of the $3.6 billion in mili- “We are pleased that the to begin. Justice Stephen
Court ruled in began after the $2.5 billion in Defense tary construction funds is Supreme Court recognized Breyer said he would have
the 35-day partial govern- Department funds, which awaiting approval from the that the lower courts should allowed the government
ment shutdown that started the administration says defense secretary. not have halted construc- to finalize the contracts for
in December of last year. will be used to construct The lawsuit at the Supreme tion of walls on the southern the segments but not begin
Trump ended the shutdown more than 100 miles (160 Court was brought by the border. construction while the law-
in February after Congress kilometers) of fencing. One American Civil Liberties We will continue to vigor- suit proceeded.
gave him approximately project would replace 46 Union on behalf of the Sier- ously defend the Adminis- The administration had ar-
$1.4 billion in border wall miles (74 kilometers) of bar- ra Club and Southern Bor- tration’s efforts to protect gued that if it wasn’t able
funding. But the amount rier in New Mexico for $789 der Communities Coalition. our Nation.” to finalize the contracts
was far less than the $5.7 million. Another would re- The justices who lifted the ACLU lawyer Dror Ladin by Sept. 30, then it would
billion he was seeking, and place 63 miles (101 kilome- freeze on the money did said after the court’s an- lose the ability to use the
Trump then declared a na- ters) in Arizona for $646 mil- not give a lengthy expla- nouncement that the fight funds. The administration
tional emergency to take lion. The other two projects nation for their decision. “is not over.” had asked for a decision
cash from other govern- in California and Arizona But they said among the The case will continue, but quickly.
ment accounts to use to are smaller. reasons they were doing so the Supreme Court’s deci- The Supreme Court is on
construct sections of wall. The other funds were not was that the government sion suggests an ultimate break for the summer but
The money Trump identified at issue in the case. The had made a “sufficient victory for the ACLU is un- does act on certain press-
includes $3.6 billion from Treasury Department funds showing at this stage” that likely. ing items.q