The injunction granted Friday night by a federal judge in California is likely only the beginning of a potentially lengthy legal battle over wall funding.
A federal judge on Friday temporarily blocked part of President Donald Trump's efforts to use money intended for military use to instead fund construction of a wall along the nation's southern border with Mexico. But this ruling was far from being the final word on the matter.
The judge concluded that"Congress’s 'absolute' control over federal expenditures—even when that control may frustrate the desires of the Executive Branch regarding initiatives it views as important—is not a bug in our constitutional system. It is a feature of that system, and an essential one." The injunction does not involve the additional billions of dollars Trump sought from the Pentagon when he issued an emergency declaration in February. Those funds are slated to be taken from military construction projects, but no money has yet to be transferred for border wall construction. Gilliam will rule on this funding matter at a later date.
"This representation tends to undermine Defendants’ claim that irreparable harm will result if the funds at issue on this motion are not deployed immediately," wrote Gilliam. While the Justice Department is not commenting on when or if it plans to file an appeal, Attorney General William Barr has made it clear — as recently as this week — that he opposes judges granting far-reaching injunctions.
Even if the DOJ is successful at the appellate level, the organizations behind the underlying lawsuit — the American Civil Liberties Union and the Sierra Club — have historically shown little reservation about taking their disputes to the U.S. Supreme Court.
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