Order 5-4 represents a loss for environmental groups represented by the American Civil Liberties Union, which asked judges to overturn an order a year ago that allowed the government to continue building the wall pending appeals. This is a victory for Trump, who made the construction of the wall a cornerstone of his presidency.
The parts of the wall in question are in Arizona, New Mexico and California.
Justice Stephen Breyer joined Justice Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor disagreement. Breyer noted that by the time the court reaches the case on the merits, part of the wall may already be full.
“I am afraid that the Court̵
The dispute concerns the ACLU’s challenge to use $ 2.5 billion from the Pentagon to build parts of the wall along the southwestern border. Last month, a federal appeals court ruled against Trump, arguing that the administration did not have the power to divert Pentagon funds to build additional barriers on the U.S.-Mexico border without congressional permission. However, the opinion did not take immediate effect due to last year’s Supreme Court ruling, which is still in force.
“The Trump administration has lost in every lower court, but is still quick to complete the president’s border wall before the Supreme Court can review the merits of the case,” a national security project lawyer told Dror Ladin. the ACLU order was issued.
He said that if the Supreme Court does not cancel its stay, the wall will be built until the court decides whether to start the case.
Justice Ministry lawyers have urged judges to resign, noting that the government plans to ask the Supreme Court to start the case in early August. Such a timeline would mean that judges could decide in early fall whether to hear the dispute.
“As the government explained earlier, halting the construction process during litigation imposes significant costs on DoD, who may be required to reimburse their contractors for the additional costs such delays cause them,” government lawyers said.