Supreme Court approves Trump border wall construction

Supreme Court approves Trump border wall construction

In a 5-4 vote, the Supreme Court has for now sided with President Trump on his border wall with Mexico, allowing him to continue construction using more than $6 billion diverted from military funds.

Friday’s decision keeps in place a year-old stay allowing construction to continue pending a final decision on the funds.

Lawyers for the Sierra Club and House Democrats has sued to challenge the diversion, arguing that it was an unconstitutional end-run around Congress, which had not approved the funding.

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Their arguments succeeded before lower judges in California and Texas, but last summer the Supreme Court had allowed Trump to continue spending the disputed funds as the pending Friday’s decision.

White House lawyers have argued that the Constitution allows for the transfer of military funds in emergencies. Lower-court judges have countered that such transfers must be based on unforseen military requirement, and never if Congress has already denied the spending.

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