The 5-4 order represents a detriment to environmental groups represented by the American Civil Liberties Union, which asked jurists to lift an order a year ago to allow the government to continue to build pending appeals . This is a victory for Trump, who made the construction of the wall the cornerstone of his presidency.
Justice Stephen Breyer, Justice Ruth Beder Ginsburg, Elena Kagan and Sonia Sotomayor attended. Breyer mentioned that by the time the court reaches the merit of the case, part of the wall may have already been completed.
Breyer wrote, “The decision to continue the creation of the court, nevertheless, I am afraid, may come into effect as a final decision.”
The dispute concerns the ACLU’s challenge to use $ 2.5 billion from the Pentagon to build parts of the wall along the southwest border. Last month, a federal appeals court ruled against Trump, arguing that the administration does not have the authority to divert Pentagon funds to build additional blockages on the US-Mexico border without congressional authorization. But last year’s order of the Supreme Court had no effect on this opinion.
Staff attorney of ACLU’s National Security Project, Drs. “The Trump administration has lost in every lower court, but the Supreme Court can still review the merits of the case before it meets the presidential boundary wall,” Ladin said in a statement. The order was issued.
He said that if the Supreme Court did not lift its own stay then the wall would be constructed by the time the court decided whether to take up the case or not.
The lawyers of the Department of Justice urged the judges to leave their stay, noting that the government plans to ask the Supreme Court to take up the case in early August. Such a time period would mean that judicial decisions may come early to hear the dispute.
“As the government previously explained, halting the construction process during litigation imposes significant costs on the DoD, which may require reimbursing its contractors for additional expenses that such delays would cause them to suffer Is, ”the government lawyers argued.
This is a breaking story and will be updated.