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A federal district judge issued a permanent injunction on Friday blocking construction of President Donald Trump’s border wall, holding that it was illegal for his administration to spend current funding for that purpose. The U.S. Department of Justice (DOJ) will immediately appeal.
There are several ongoing lawsuits trying to stop the border wall. This case is before Judge Haywood Gilliam for the U.S. District Court for the Northern District of California, who was appointed by Barack Obama. The left-wing Sierra Club brought suit in that court because it is currently one of the most liberal federal trial courts in the nation.
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The Trump administration is reprogramming funds from Sections 8005 and 9002 of the National Defense Authorization Act to build the wall and provide security at the U.S.-Mexican border. The Sierra Club argued that the reprogramming of those funds violates federal law.
DOJ argued in court that “plaintiffs fall outside the zone of interests of § 8005 and thus cannot sue to enforce it,” and besides that, that the Defense Department “has satisfied the requirements set forth in § 8005.” Gilliam rejected those arguments.
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He also held that § 8005 funds could be used only for “unforeseen military requirements” and that constructing the border wall did not qualify.
The Sierra Club also argued...
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