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The Trump administration on Friday asked the Supreme Court to intervene and make an order allowing it to go ahead and use military funds for the construction of 39, a wall on the southern border.
In the case, the administration asked the court to lift an order of the district court which issued a permanent injunction against the Trump administration's embezzlement of certain military funds intended for the border wall.
Solicitor General Noel Francisco wrote in his file that he was asking judges to suspend the "immediate administrative stay" injunction, with the Department of Justice appealing this decision to the 9th Circuit.
The request was made after the 9th Circuit Court of Appeal ruled last week not to suspend the order of District Judge Haywood Gilliam, forbidding officials to use part of the misappropriated military funds for the construction of the Wall.
The panel of judges who oversaw the appeal wrote in Decision 2-1 that "the use of these funds violates the constitutional obligation that the executive branch must not spend money". money without a congressional credit ".
And the majority opinion stated that it was "very likely" that the efforts of the groups opposing the diversion of funds from the Department of Defense to the border wall would succeed.
The Supreme Court is suspended until October, but makes orders during the summer months.
In the case, Francisco asserts that the lower court's findings that the Department of National Defense (DOD) could not transfer the funds to the Department of Homeland Security and that the groups could sue are "patently incorrect". .
"At a minimum, the imbalanced equilibrium of shares promotes the maintenance of the pending appeal injunction. The defendants' interests in the areas of hiking, birdwatching and fishing in designated drug trafficking corridors do not outweigh the harm done to the public by stopping the government's efforts to stem the flow of illegal narcotics across the southern border, "says the document.
In a series of statements, groups challenging the use of DOD funds for a border wall have declared themselves determined to continue their judicial fight.
"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 to save his wall, but we will continue to fight vehemently against this tactic, "said Gloria Smith, senior counsel for the Sierra Club, in a statement.
And Dror Ladin, a lawyer for the American Civil Liberties Union who pleaded the case, said the groups "will continue to defend the clearly defined separation of powers in the Constitution, which the Supreme Court has recognized for centuries."
Trump declared a national emergency earlier this year to tap into military funding for a border wall at the end of a record 35-day government closure record focused on border security funds.
He has faced several lawsuits, including one that is currently before the Supreme Court, challenging the use of military dollars for the wall.
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