Ministry of Justice asks Supreme Court to lift decision on border wall

The Justice Department is asking the Supreme Court to intervene to lift the court rulings preventing President Donald Trump from continuing his plan to spend billions of dollars for the construction of a border wall, despite Congressional efforts to limit these expenses.

The administration's lawyers filed an application for a stay on Friday afternoon to lift an order from an Oakland-based federal judge blocking border-wall projects in California, Arizona and New Mexico.

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Solicitor General Noel Francisco told the High Court that the injunction prevented federal officials from reducing drug trafficking on the Mexican border.

"The damage to the government and the public caused by the DOD's prohibition on the use of funds transferred during a lawsuit is substantial. The injunction thwarts the government's ability to stop drug trafficking across the border in known drug trafficking corridors, "wrote Francisco.

Judge Elena Kagan gave environmental and border groups who got the injunction until next Friday to respond to the request.

The current injunction holds some $ 2.5 billion worth of Trump's plan to use through a provision allowing Defense Department's available construction funds to be spent for unforeseen needs.

However, the language adopted by Congress added that flexibility stipulates that authority can not be used for budget items previously rejected by lawmakers. The current budget only provided $ 1.375 billion for border work, and nothing for specific projects covered by the injunction, but Trump's advisers have developed a plan to spend more than $ 8 billion for the whole effort.

Trump's move in May, which included raising funds by declaring a state of emergency, immediately led to a series of lawsuits against environmentalists, border workers, states and the House of Commons. representatives. The lawsuits argue that Trump is acting illegally by spending funds without congressional approval, which must approve all the credits under the Constitution.

Last week, an Appeal Board of the Federal Court of Appeal voted 2 to 1 to dismiss the Justice Department's request for a stay.

"The Constitution attributes to Congress the power of the stock market. Under the appropriation clause, Congress must decide how to spend taxpayer money, "wrote Circuit 9 judges Richard Clifton and Michelle Friedland. "Congress has not allocated the funds needed to build the border gates that the defendants are seeking to build here. Congress probably decided that such a construction at that time was not in the public interest. It is not up to us to reach a different conclusion.

The appellate judges have worked hard on some of the Trump administration's arguments. Clifton and Friedland ruled "not credible" the Department of Justice's claim that Congress had not denied the administration the funds it was seeking to spend.

The groups that obtained the injunction, the Sierra Club and the Southern Border Communities Coalition, said they would urge judges not to lift the order.

"The courts have ruled twice against Trump's requests to stay the suspension of this important order preventing the construction of his ruined wall. He is now asking the Supreme Court to intervene and save his wall, but we will continue to fight vehemently against this tactic, "said Sierra Club lawyer Gloria Smith.

The Ministry of Justice submits to the High Court judges requesting a ruling on the application by 26 July to allow the funding process to be completed by 30 September at the latest. the funds are still available.

However, government lawyers also told the Supreme Court on Friday that they had discovered a mechanism to squeeze this process, allowing officials to formally oblige funds for border projects at the same time. approaching the end of the fiscal year, September 30.