Supreme Court Stays Injunction That Had Blocked a Portion of the Administration's Border Wall Funding [Updated July 29, 2019]   [open pdf - 649KB]

From the Document: "On July 26, 2019, the Supreme Court in a divided decision stayed a June 28 injunction issued by a federal district court in California that had permanently prohibited the Trump Administration from using Sections 8005 and 9002 of the 2019 Department of Defense Appropriations Act to transfer any of the $2.5 billion it had proposed to use for border-barrier projects. The Trump Administration had appealed the district court's permanent injunction to the U.S. Court of Appeals for the Ninth Circuit and asked that court to stay the injunction pending appeal, but the Ninth Circuit denied the Trump Administration's request earlier this month. In its order issuing a stay, the Supreme Court stated that '[a]mong the reasons' for its order was that the Trump Administration had 'made a sufficient showing . . . that the plaintiffs have no cause of action to obtain review of' the Administration's transfer of funds pursuant to the 2019 Department of Defense Appropriations Act (discussed below). The Court did not rule on the lawfulness of the Trump Administration's actions. The stay is in effect during the pendency of the Trump Administration's appeal until the resolution of any petition for certiorari to the Supreme Court. As a result, the Trump Administration may now use funds transferred under Sections 8005 and 9002 to pay for border barrier construction."

Report Number:
CRS Legal Sidebar, LSB10310
Public Domain
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Congressional Research Service: https://crsreports.congress.gov/
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