Federal appeals court revives House challenge of President Trump’s use of U.S. Defense Dept. money to build a border wall after congressional Democrats refused to provide funding he requested.
House Democrats sued three months after the end of the longest government shutdown in U.S. history, triggered by Trump's demand for border wall funding.
The president later signed a funding bill that included $1.4 billion for border barriers, short of the $5.7 billion he had demanded from Congress. But he then declared a national emergency to secure billions more in funding denied by Democrats controlling the House, in part by taking money for military housing and counterdrug programs.
The move triggered several legal challenges, including the one by House Democrats. Another appeals court ruled in June against the transfer of money from military construction projects. But the U.S. Supreme Court in Julythe case continued. The high court's four liberal justices dissented. One of those four, Justice Ruth Bader Ginsburg, died Sept. 18.
The three-judge panel consisted of Senior Circuit Judge David B. Sentelle, nominated to the court by former President Ronald Reagan, and two nominees of former President Barack Obama: Patricia Millett and Robert Wilkins.Building a border wall was one of Trump's signature campaign pledges four years ago, though he promised then that Mexico would pay for the wall.
The U.S. Border Patrol says it has completed 321 miles of wall during the Trump administration, though almost all of that is replacing existing barriers.
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