US Supreme Court lets Trump use defense funds for border wall

The money Trump identified includes $3.6 billion from military construction funds, $2.5 billion in Defense Department money and $600 million from the Treasury Department's asset forfeiture fund.

The case before the Supreme Court involved just the $2.5 billion in Defense Department funds, which the administration says will be used to construct more than 100 miles (160 kilometers) of fencing.

One project would replace 46 miles (74 kilometers) of barrier in New Mexico for $789 million. Another would replace 63 miles (101 kilometers) in Arizona for $646 million. The other two projects in California and Arizona are smaller.

The other funds were not at issue in the case. The Treasury Department funds have so far survived legal challenges, and Customs and Border Protection has earmarked the money for work in Texas' Rio Grande Valley but has not yet awarded contracts.

Transfer of the $3.6 billion in military construction funds is awaiting approval from the defense secretary.

The lawsuit at the Supreme Court was brought by the American Civil Liberties Union on behalf of the Sierra Club and Southern Border Communities Coalition.

The justices who lifted the freeze on the money did not give a lengthy explanation for their decision. But they said among the reasons they were doing so was that the government had made a "sufficient showing at this stage" that those bringing the lawsuit don't have a right to challenge the decision to use the money.

Alexei Woltornist, a spokesman for the Justice Department, said in a statement, "We are pleased that the Supreme Court recognized that the lower courts should not have halted construction of walls on the southern border. We will continue to vigorously defend the Administration's efforts to protect our Nation."

ACLU lawyer Dror Ladin said after the court's announcement that the fight "is not over." The case will continue, but the Supreme Court's decision suggests an ultimate victory for the ACLU is unlikely. Even if the ACLU were to win, fencing will have already been built.

Senate Democratic Leader Chuck Schumer of New York called the decision "deeply regrettable and nonsensical" and said it "flies in the face of the will of Congress and the Congress's exclusive power of the purse, which our founders established in the Constitution."

Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan would not have allowed construction to begin.

Justice Stephen Breyer said he would have allowed the government to finalize the contracts for the segments but not begin construction while the lawsuit proceeded.

The administration had argued that if it wasn't able to finalize the contracts by Sept 30, then it would lose the ability to use the funds. The administration had asked for a decision quickly.

The Supreme Court is on break for the summer but does act on certain pressing items.

Reuters