The U.S. Supreme Court allowed President Donald Trump to begin building the wall on the U.S.-Mexico border using emergency funds, lifting an injunction Friday that had been imposed by a district court in California and upheld by the Ninth Circuit.
After Congress refused to appropriate enough funding to build a barrier along the border earlier this year, President Trump declared a national emergency to allow the administration to access more money. In total, he ordered $8 billion spent — though, as Breitbart News pointed out, only $3.6 billion needed an emergency declaration.
The president was exultant on Twitter:
Wow! Big VICTORY on the Wall. The United States Supreme Court overturns lower court injunction, allows Southern Border Wall to proceed. Big WIN for Border Security and the Rule of Law!
— Donald J. Trump (@realDonaldTrump) July 26, 2019
The decision was largely along partisan lines, with all five Republican-appointed justices voting to lift the injunction, while all three liberal justices were opposed. Justice Stephen Breyer sought to have it both ways, allowing the process to go forward but not the construction: “There is a straightforward way to avoid harm to both the Government and respondents while allowing the litigation to proceed. Allowing the Government to finalize the contracts at issue, but not to begin construction, would al- leviate the most pressing harm claimed by the Government without risking irreparable harm to respondents.”
Joel B. Pollak is Senior Editor-at-Large at Breitbart News. He earned an A.B. in Social Studies and Environmental Science and Public Policy from Harvard College, and a J.D. from Harvard Law School. He is a winner of the 2018 Robert Novak Journalism Alumni Fellowship. He is also the co-author of How Trump Won: The Inside Story of a Revolution, which is available from Regnery. Follow him on Twitter at @joelpollak.