Trump administration asks for Supreme Court intervention over border wall construction
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The Trump administration is asking the Supreme Court to lift an injunction imposed by a lower court that blocks the administration from using $2.5 billion in military funds to construct a wall on the U.S.-Mexico border.
The filing went to Justice Elena Kagan, who has given environmental groups who brought the original lawsuit until 4 p.m. July 19 to respond with their own brief.
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Kagan will also likely ask all her colleagues to weigh in, but it’s unclear when an order will be issued.
Earlier this month, a divided three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco agreed with a lower court ruling that prevented the government from tapping Defense Department counterdrug money to build high-priority sections of the planned wall in Arizona, California, and New Mexico.
At stake is billions of dollars that would allow Trump to make progress on a major 2016 campaign promise heading into his race for a second term.
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Trump declared a national emergency after losing a funding fight with the Democratic-led House that led to a 35-day government shutdown. Congress agreed to spend nearly $1.4 billion on barriers in Texas' Rio Grande Valley, the busiest corridor for illegal crossings, an amount well below the $5.7 billion the president requested.
Trump grudgingly accepted the money but declared the emergency in order to siphon up to $8.1 billion for wall construction. That amount includes $3.6 billion from military construction funds, $2.5 billion from Defense Department counterdrug activities and $600 million from the Treasury Department's asset forfeiture fund.
Acting Defense Secretary Mark Esper has yet to approve the transfer of the military construction funds.
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The Associated Press contributed to this report.