Border Barrier Litigation: Open Questions for Department of Defense Transfer Authority [July 21, 2020] [open pdf - 629KB]
From the Document: "The U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) recently added to the growing body of case law on the Trump Administration's decision to fund border barrier construction using Department of Defense (DOD) appropriations. Over a dissent, the Ninth Circuit ruled in two appeals that DOD acted contrary to law when it used its transfer authority to shift $2.5 billion, previously appropriated for objects such as personnel expenses, to fund border barriers. DOD may transfer funds only for 'unforeseen military requirements' and not where the 'item for which funds are requested has been denied by the Congress.' The Ninth Circuit held that DOD violated both limitations. [...] This Sidebar examines the Ninth Circuit's dueling interpretations of DOD's transfer authority and notes questions raised by the prevailing view, both for DOD's transfer authority and, perhaps, for other agencies' funding flexibilities."
CRS Legal Sidebar, LSB10522
Congressional Research Service: https://crsreports.congress.gov/