A Federal Appeals Court decided 2-1 Friday, that the Trump Administration Violated the Law when it used Military Funds to Build a Wall on the Mexican Porder.
The U.S. 9th Circuit Court of Appeals said the Power of the Purse belongs to Congress, and the Administration lacked Constitutional Authority to Transfer the Military Money.
Two Democratic Appointees were in the Majority. A Trump Appointee Dissented.
"The President has long supported the construction of a border wall on the southern border between the United States and Mexico," Chief 9th Circuit Judge, Sidney R Thomas, a Clinton Appointee, wrote for the Court in one of two decisions on the issue."
"Since the President took office in 2017, however, Congress has repeatedly declined to provide the amount of funding requested by the President."
The Supreme Court last year Blocked an Injunction against the Use of Military Funding for the Wall from going Forward.
Brian Segee, a Lawyer for the Center for Biological Diversity, said the Supreme Court's early Refusal to Allow the Injunction to Remain was "an ominous signal." The Center has a Separate Challenge Pending against the Administration's use of Military Funds for the Project.
But, Friday's Decision Reinstated the Injunction.
The Panel Affirmed the District Court’s Judgment holding that Budgetary Transfers of Funds for the Construction of a Wall on the Southern Border of the United States in California and New Mexico were Not Authorized under the Department of Defense Appropriations Act of 2019.
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