Supreme Court to hear case over Trump border wall

Source: Politico | October 19, 2020 | Josh Gerstein

At issue in the case is the president’s move to repurpose about $6 billion in military construction and counterdrug appropriations to finance the wall.

The Supreme Court has agreed to decide whether President Donald Trump unconstitutionally usurped Congress’ spending power by diverting Defense Department funds to pay for expansion and reinforcement of a wall along the U.S.-Mexico border.

The high court’s announcement in a routine order list Monday morning was widely expected because in July 2019 the justices allowed construction of the wall with disputed funds to proceed by staying a lower court injunction.

The justices typically grant review after issuing a stay like the one last year, particularly in a high-profile legal fight like the one over Trump’s border wall. At issue in the case is the president’s February 2019 move to repurpose about $6 billion in military construction and counterdrug appropriations to finance the wall, ending a budget standoff with Congress and a partial government shutdown.

The president’s spending maneuver came after Congress agreed to spend only $1.375 billion in that fiscal year for border wall improvements, billions less than Trump was demanding. Trump’s actions triggered lawsuits from various quarters, including border groups, environmentalists, 20 states and the Democratic-led House of Representatives.

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