U.S. Supreme Court lets Trump use disputed funds for border wall

WASHINGTON (Reuters) - The U.S. Supreme Court on Friday handed President Donald Trump a victory by letting his administration redirect $2.5 billion in money approved by Congress for the Pentagon to help build his promised wall along the U.S.-Mexico border even though lawmakers refused to provide funding.

The conservative-majority court on a 5-4 vote with the court's liberals in dissent blocked in full a ruling by a federal judge in California barring the Republican president from spending the money on the basis that Congress did not specifically authorize the funds to be spent on the wall project fiercely opposed by Democrats and Mexico's government.

"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!" Trump tweeted just minutes after the court acted.

A brief order explaining the court's decision said the government "made a sufficient showing" that the groups challenging the decision did not have grounds to bring a lawsuit.

In a highly unusual move, Trump on Feb. 15 declared a national emergency in a bid to fund the wall without congressional approval, an action Democrats said exceeded his powers under the U.S. Constitution and usurped the authority of Congress.

The administration has said it plans to redirect $6.7 billion from the Departments of Defense and Treasury toward wall construction under the emergency declaration after failing to convince Congress to provide the money, including the $2.5 billion in Pentagon funding. Congress earlier failed to provide $5.7 billion in wall funding demanded by Trump in a showdown in which the president triggered a 35-day partial shutdown of the federal government that ended in January.

The case arose from a challenge to Trump's action brought by Sierra Club, a leading environmental group, and the Southern Border Communities Coalition, a group advocating for people living in border areas.

The challengers have said the wall would be disruptive to the environment in part because it could worsen flooding problems and have a negative impact on wildlife.

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President Trump visits border wall prototypes amid protests
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President Trump visits border wall prototypes amid protests
US President Donald Trump is shown border wall prototypes in San Diego, California on March 13, 2018. / AFP PHOTO / MANDEL NGAN (Photo credit should read MANDEL NGAN/AFP/Getty Images)
People hold signs during a protest while standing in front of the current border fence and near the prototypes of U.S. President Donald Trump's border wall, in Tijuana, Mexico March 13, 2018. The sign on the right reads "Trump, walls can be jumped over". REUTERS/Edgard Garrido
US President Donald Trump inspects border wall prototypes in San Diego, California on March 13, 2018. / AFP PHOTO / MANDEL NGAN (Photo credit should read MANDEL NGAN/AFP/Getty Images)
People attach a sign reading "Trump, stop the mass deportations" to the current border fence and near the prototypes of U.S. President Donald Trump's border wall, during a protest in Tijuana, Mexico March 13, 2018. REUTERS/Edgard Garrido
US President Donald Trump's motorcade arrives at the border fence in San Diego, California on March 13, 2018. / AFP PHOTO / MANDEL NGAN (Photo credit should read MANDEL NGAN/AFP/Getty Images)
People hold signs reading "No to the wall" and "Trump, put your wall, but in your territory, not in ours", during a protest near the prototypes of U.S. President Donald Trump's border wall, seen behind the current border fence, in Tijuana, Mexico March 13, 2018. REUTERS/Edgard Garrido
US President Donald Trump is shown border wall prototypes with White House Chief of Staff John Kelly (L) in San Diego, California on March 13, 2018. / AFP PHOTO / MANDEL NGAN (Photo credit should read MANDEL NGAN/AFP/Getty Images)
A man holds a sign reading "Trump, put your wall, but in your territory, not in ours", during a protest near the prototypes of U.S. President Donald Trump's border wall, seen behind the current border fence, in Tijuana, Mexico March 13, 2018. REUTERS/Edgard Garrido
US President Donald Trump arrives to inspect border wall prototypes in San Diego, California on March 13, 2018. / AFP PHOTO / MANDEL NGAN (Photo credit should read MANDEL NGAN/AFP/Getty Images)
People hold signs reading "No to the wall, Trump," and "Trump, we are not enemies of the USA" during a protest near the prototypes of U.S. President Donald Trump's border wall, seen behind the current border fence, in Tijuana, Mexico March 13, 2018. REUTERS/Edgard Garrido
US President Donald Trump speaks during an inspection of border wall prototypes in San Diego, California on March 13, 2018. Donald Trump -- making his first trip to California as president -- warned there would be 'bedlam' without the controversial wall he wants to build on the border with Mexico, as he inspected several prototype barriers. The trip to the 'Golden State' -- the most populous in the country and a Democratic stronghold -- was largely upstaged by his own announcement that he had sacked Secretary of State Rex Tillerson. / AFP PHOTO / MANDEL NGAN (Photo credit should read MANDEL NGAN/AFP/Getty Images)
Mexican Federal Police officers stand guard the Mexican side of the Mexico-US border in Tijuana, Baja California state, from where prototypes of the border wall, which US President Donald Trump will inspect on the outskirts of San Diego, in the US, are visible on March 13, 2018. Fresh off a cabinet reshuffle, President Donald Trump was headed for Democratic stronghold California on Tuesday to inspect prototypes of the controversial border wall with Mexico that was the centerpiece of his White House campaign. / AFP PHOTO / GUILLERMO ARIAS (Photo credit should read GUILLERMO ARIAS/AFP/Getty Images)
People hold signs reading "Trump, we will not pay for the wall" and "Trump, stop the mass deportations" near the border fence between Mexico and the U.S., in Tijuana, Mexico March 13, 2018. REUTERS/Edgard Garrido
Journalists gather at a rooftop near the US -Mexico border as President Trump is expected to inspect the border wall prototypes built outskirts San Diego, in Tijuana, Baja California State, Mexico, on March 13, 2018. Fresh off a cabinet reshuffle, President Donald Trump was headed for Democratic stronghold California on Tuesday to inspect prototypes of the controversial border wall with Mexico that was the centerpiece of his White House campaign. / AFP PHOTO / GUILLERMO ARIAS (Photo credit should read GUILLERMO ARIAS/AFP/Getty Images)
U.S. police officers use a ladder to climb up a truck parked in front of the prototypes of U.S. President Donald Trump's border wall, on the U.S. side of the current border fence, in Tijuana, Mexico March 13, 2018. REUTERS/Jorge Duenes
An agent faces Mexico while standing by the vehicle of U.S. President Donald Trump at the border near San Diego, California, where Trump reviewed wall prototypes designed to serve as a protective barrier against illegal immigrants, drugs and smuggled weapons, March 13, 2018. REUTERS/Kevin Lamarque
A U.S. Customs and Border Protection (CBP) Border Patrol Agent sits on horseback near U.S. President Donald Trump's motorcade during a tour of U.S.-Mexico border wall prototypes near the Otay Mesa Port of Entry in San Diego, California. U.S., March 13, 2018. REUTERS/Kevin Lamarque
TIJUANA, MEXICO - MARCH 13:Anti-Trump protestors demonstrate on the Mexico side of the border before the arrival of the U.S. President to inspect the prototypes of the proposed border wall on March 13, 2018 in Tijuana, Mexico. (Photo by Wally Skalij/Los Angeles Times via Getty Images)
The motorcade carrying US President Donald Trump drives past a US-Mexico border fence as Trump head for an inspection of border wall prototypes in San Diego, California on March 13, 2018. Donald Trump -- making his first trip to California as president -- warned there would be 'bedlam' without the controversial wall he wants to build on the border with Mexico, as he inspected several prototype barriers. The trip to the 'Golden State' -- the most populous in the country and a Democratic stronghold -- was largely upstaged by his own announcement that he had sacked Secretary of State Rex Tillerson. / AFP PHOTO / MANDEL NGAN (Photo credit should read MANDEL NGAN/AFP/Getty Images)
Mounted Border Patrol agents are seen as US President Donald Trump inspects border wall prototypes in San Diego, California on March 13, 2018. Donald Trump -- making his first trip to California as president -- warned there would be 'bedlam' without the controversial wall he wants to build on the border with Mexico, as he inspected several prototype barriers. The trip to the 'Golden State' -- the most populous in the country and a Democratic stronghold -- was largely upstaged by his own announcement that he had sacked Secretary of State Rex Tillerson. / AFP PHOTO / MANDEL NGAN (Photo credit should read MANDEL NGAN/AFP/Getty Images)
US President Donald Trump inspects border wall prototypes in San Diego, California on March 13, 2018. Donald Trump -- making his first trip to California as president -- warned there would be 'bedlam' without the controversial wall he wants to build on the border with Mexico, as he inspected several prototype barriers. The trip to the 'Golden State' -- the most populous in the country and a Democratic stronghold -- was largely upstaged by his own announcement that he had sacked Secretary of State Rex Tillerson. / AFP PHOTO / MANDEL NGAN (Photo credit should read MANDEL NGAN/AFP/Getty Images)
US President Donald Trump holds up a poster of before and after photos of a segment of the border wall prototypes with Chief Patrol Agent Rodney S. Scott (R) in San Diego, California on March 13, 2018. / AFP PHOTO / MANDEL NGAN (Photo credit should read MANDEL NGAN/AFP/Getty Images)
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U.S. District Judge Haywood Gilliam ruled on May 30 in Oakland, California that the administration's proposal to build parts of the border wall in California, New Mexico and Arizona with money appropriated for the Defense Department to use in the fight against illegal drugs was unlawful. The judge issued an injunction barring use of the Pentagon funds for a border wall.

The administration asked that the injunction barring use of the reprogrammed funds be put on hold pending an appeal but the San Francisco-based 9th U.S. Circuit Court of Appeals declined to do so.

(Reporting by Lawrence Hurley; editing by Diane Craft)

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