In a 5-4 vote, the Supreme Court has for now sided with President Trump on his border wall with Mexico, allowing him to continue construction using more than $6 billion diverted from military funds.
Friday’s decision keeps in place a year-old stay allowing construction to continue, pending a final decision on the funds.
Lawyers for the Sierra Club and House Democrats have sued to challenge the diversion, arguing that it was an unconstitutional end-run around Congress, which had not approved the funding.
Their arguments succeeded before lower judges in California and Texas, but last summer the Supreme Court had allowed Trump to continue spending the disputed funds pending Friday’s decision.
White House lawyers have argued that the Constitution allows for the transfer of military funds in emergencies.
Lower-court judges have countered that such transfers must be based on unforseen military requirement, and never if Congress has already denied the spending.
The 5-4 vote split along idealogical lines, with the conservative majority carrying.
The White House had this response later Friday:
“The Supreme Court reaffirmed today that it meant what it said a year ago: special interest groups likely lack any cause of action to sue the Department of Defense from transferring funds, and the Trump Administration should be allowed to build the wall and protect our country while litigation proceeds.
“Borders are a non-controversial reality of every sovereign nation, and we plan to defend ours.”