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The Trump administration on Friday asked the Supreme Court to intervene and issue an order that would allow it to move forward and use military funds for a wall on the southern border.
In the filing, the administration asked the court to lift a district court order that placed a permanent injunction on the Trump administration’s diversion of some military funds for the border wall.
Solicitor - General - Noel - Francisco - Filing
Solicitor General Noel Francisco wrote in his filing that he is asking for the justices to issue an “immediate administrative stay” of the injunction, as the Department of Justice appeals it to the Ninth Circuit.
The request came after the Ninth Circuit Court of Appeals ruled last week to not issue a stay on District Judge Haywood Gilliam’s order blocking officials from using some of the diverted military funds for the wall construction.
Panel - Judges - Appeal - Ruling - Use
The panel of judges overseeing the appeal wrote in the 2-1 ruling that “the use of those funds violates the constitutional requirement that the Executive Branch not spend money absent an appropriation from Congress.”
And the majority opinion stated that there is a “strong likelihood” that the groups opposing the diversion of the Defense Department funds toward the border wall would succeed in their efforts.
Supreme - Court - Recess - October - Orders
The Supreme Court is on recess until October, but does release orders during the summer months.
In the filing, Francisco argues that the lower court’s findings that the Defense Department could not transfer the funds to the Department of Homeland Security and...
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