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Supreme Court authorizes continued construction of Trump border wall
The 5-4 order represents a loss for environmental groups represented by the American Civil Liberties Union, which asked judges to lift an order from a year ago that allowed the government to continue building the wall pending the calls. It’s a victory for Trump, who has made building the wall the cornerstone of his presidency.
The portions of the wall in question are found in Arizona, New Mexico and California.
Judge Stephen Breyer, accompanied by Judge Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor, were dissenting. Breyer noted that by the time the court rules on the merits, the part of the wall may already be finished.
“The court’s decision to let construction continue nonetheless, I fear, may in fact function as a final judgment,” Breyer wrote.
The dispute concerns the ACLU’s challenge to the Pentagon’s use of $ 2.5 billion to build parts of the wall along the southwest border. Last month, a federal appeals court ruled against Trump, saying the administration did not have the power to embezzle Pentagon funds to erect additional barriers at the U.S.-Mexico border without permission from the U.S. Congress. But the notice did not take immediate effect due to last year’s Supreme Court order which is still in effect.
“The fight continues,” said Dror Ladin, lawyer for the ACLU National Security Project, in a statement following the Supreme Court’s order.
Ladin pointed to lower court rulings against the wall and said the high court order on Friday was temporary and not the last word on the case.
“We will soon be back before the Supreme Court to end Trump’s xenophobic border wall once and for all,” he continued. “The administration has admitted that the wall can be brought down if we end up winning it, and we will keep their word and seek to remove every mile of illegal wall built.”
Ladin said before the order was issued that if the Supreme Court did not lift its own suspension, the wall would be built when the court decided whether or not to take the case.
Lawyers for the Justice Ministry urged judges not to sit still, noting that the government planned to ask the Supreme Court to hear the case in early August. Such a timeline would mean judges could decide in early fall to hear the dispute.
“As the government has previously explained, stopping the construction process during litigation imposes significant costs on the DoD, which may be required to reimburse its contractors for additional expenses such a delay causes them to incur,” said supported government lawyers.
Caroline Kelly of CNN contributed to this report.
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