Jessica Gresko, AP News, July 27, 2019

The Supreme Court cleared the way for the Trump administration to tap billions of dollars in Pentagon funds to build sections of a border wall with Mexico.

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The justices’ decision to lift the freeze on the money allows President Donald Trump to make progress on a major 2016 campaign promise heading into his race for a second term. Trump tweeted after the announcement: “Wow! Big VICTORY on the Wall. The United States Supreme Court overturns lower court injunction, allows Southern Border Wall to proceed. Big WIN for Border Security and the Rule of Law!”

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The case the Supreme Court ruled in began after the 35-day partial government shutdown that started in December of last year. Trump ended the shutdown in February after Congress gave him approximately $1.4 billion in border wall funding. But the amount was far less than the $5.7 billion he was seeking, and Trump then declared a national emergency to take cash from other government accounts to use to construct sections of wall.

The money Trump identified includes $3.6 billion from military construction funds, $2.5 billion in Defense Department money and $600 million from the Treasury Department’s asset forfeiture fund.

The case before the Supreme Court involved just the $2.5 billion in Defense Department funds, which the administration says will be used to construct more than 100 miles (160 kilometers) of fencing. One project would replace 46 miles (74 kilometers) of barrier in New Mexico for $789 million. Another would replace 63 miles (101 kilometers) in Arizona for $646 million. The other two projects in California and Arizona are smaller.

The other funds were not at issue in the case. {snip}

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Alexei Woltornist, a spokesman for the Justice Department, said in a statement, “We are pleased that the Supreme Court recognized that the lower courts should not have halted construction of walls on the southern border. We will continue to vigorously defend the Administration’s efforts to protect our Nation.”

ACLU lawyer Dror Ladin said after the court’s announcement that the fight “is not over.” The case will continue, but the Supreme Court’s decision suggests an ultimate victory for the ACLU is unlikely. Even if the ACLU were to win, fencing will have already been built.

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