San Francisco Chronicle

Supreme Court ruling lets Trump divert military funds to build part of border wall.

- By David G. Savage David G. Savage is a Los Angeles Times writer.

WASHINGTON — The Supreme Court on Friday handed President Trump a major victory by clearing the way for him to divert $2.5 billion from the military’s budget and use it to build an extra 100 miles of border wall in California, Arizona and New Mexico.

The justices, by a vote of 54, lifted orders by a federal judge in Oakland and the 9th U.S. Circuit Court of Appeals in San Francisco that had barred the administra­tion from using the Pentagon’s money to build a border wall.

Conservati­ve justices questioned whether the environmen­tal groups challengin­g Trump’s wall had standing. The court’s four liberal justices dissented.

Trump’s lawyers had asked the high court to intervene, saying it faced a Sept. 30 deadline to spend $2.5 billion from the Pentagon’s budget before the fiscal year ended and the money was no longer available.

Lower courts had said Trump’s move to divert the money was an end run around Congress, which had specifical­ly refused to allocate money for a wall.

“The Constituti­on assigns to Congress the power of the purse,” the 9th Circuit said July 3 in upholding the injunction issued by U.S. District Judge Haywood Gilliam Jr. “It is Congress that is to make decisions regarding how to spend taxpayer dollars.”

That was a reference to the deadlock between the president and Congress over the border wall. It led to a 35day partial government shutdown which ended in February with a budget deal that included only $1.4 billion for border security, but nothing for a wall. It was well short of the $5.7 billion Trump had sought for a wall.

After signing the deal, the president declared a national emergency and said he had the authority to transfer already appropriat­ed funds to extend the border wall.

Lawyers for the Sierra Club, the Southern Border Communitie­s Coalition and the ACLU sued, arguing that constructi­on of a 30foothigh wall would harm wildlife and damage the environmen­t in remote areas.

And while the lawsuits failed Friday, the U.S. House of Representa­tives had fared no better.

A lawsuit by the Democratic­controlled House to challenge the $2.5 billion appropriat­ion was dismissed in June by U.S. District Judge Trevor McFadden of Washington, D.C. McFadden, a Trump appointee, said the House, despite its power over federal spending, lacks authority to “conscript the Judiciary in a political turf war with the President.” Chronicle staff writer Bob Egelko

contribute­d to this report.

 ?? Saul Loeb / AFP / Getty Images ?? President Trump toured the border area in April in Calexico, Imperial County. A court decision allows him to divert $2.5 billion from the military’s budget to build 100 miles of wall.
Saul Loeb / AFP / Getty Images President Trump toured the border area in April in Calexico, Imperial County. A court decision allows him to divert $2.5 billion from the military’s budget to build 100 miles of wall.

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