A federal appeals court ruled recently that House Democrats can go forth with a lawsuit about the $2.5 billion in Pentagon funding that the President Trump redirected to build a U.S.-Mexico border wall.
The D.C. Circuit Court of Appeals ruled in a decisive 7-2 decision that the House Dems are within their legal rights to sue the Trump administration over a finance move that a separate California federal appeals court decided was illegal.
The ruling supports Congress’s right to take legal action in order to enforce its jurisdiction over federal funding.
In spite of the California court’s ruling, the Trump administration has been allowed by the Supreme Court to continue to use the defense funds even whilst litigations are ongoing.
Trump has been under fire for the way he used finances after he declared a national emergency at the southern border in order to free up funds for his pet project.
Trump reallocated $2.5 billion in funding that was supposed to go to defense and military after a congressional bill allowed for $1.3 billion for border security, which was much less than the $5 billion he claimed was needed. Lawsuit upon lawsuit followed his move.
Although a California federal district court stopped the use of the money, the Supreme Court later stayed that decision and allowed the Trump admin to use the funds while the appeals continue.
The California 9th Circuit Court of Appeals in California last month ruled that the Trump admin violated the Appropriations Clause of the Constitution, which gives the exclusive power of spending to Congress.
But last week, unsurprisingly, the Supreme Court again shot that ruling down.
A statement from Justice Stephen Breyer, who wrote on behalf of the court’s four liberal justices, said he was concerned that the majority ruling “may operate, in effect, as a final judgment.”