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Supreme Court Stays Injunction That Had
Blocked a Portion of the Administration's
Border Wall Funding
Updated July 29, 2019
UPDATE: On July 26, 2019, the Supreme Court in a divided decision stayed a June 28 injunction issued
by a federal district court in California that had permanently prohibited the Trump Administration from
using Sections 8005 and 9002 of the 2019 Department ofDefense Appropriations Act to transfer any of
the $2.5 billion it had proposed to use for border-barrier projects. The Trump Administration had
appealed the district court's permanent injunction to the US. Court ofAppeals for the Ninth Circuit and
asked that court to stay the injunction pending appeal, but the Ninth Circuit denied the Trump
Administration's request earlier this month. In its order issuing a stay, the Supreme Court stated that
[a]mong the reasons for its order was that the Trump Administration had made a sufficient showing.
. that the plaintiffs have no cause of action to obtain review of the Administration's transfer offunds
pursuant to the 2019 Department ofDefense Appropriations Act (discussed below). The Court did not
rule on the lawfulness of the Trump Administration's actions. The stay is in effect during the pendency of
the Trump Administration's appeal until the resolution ofany petition for certiorari to the Supreme Court.
As a result, the Trump Administration may now use funds transferred under Sections 8005 and 9002 to
pay for border barrier construction.
In the interim, both houses of Congress continue to move through the annual appropriations process. The
House ofRepresentatives has passed its version of the Department of Defense Appropriations Act for FY
2020 and its version of the National Defense Authorization Act (NDAA) for FY 2020. The House version
of the 2020 Defense Appropriations Act contains a provision prohibiting the use offunds for the
construction of border barriers, as does the House-passed version of the NDAA. Meanwhile, the Senate
has passed its version of the NDAA for FY 2020, which does not appear to include such a prohibition.
The original post from June 17, 2019 is below.
In recent months, the Trump Administration has taken steps to secure additional funds to pay for the
construction of barriers along the U.S.-Mexico border, and various entities have brought suits challenging
the lawfulness of those actions. On May 24, 2019, the U.S. District Court for the Northern District of
California issued a preliminary injunction in one lawsuit, Sierra Club v. Trump, barring the
Administration from using funds reprogrammed under Section 8005 of the 2019 Department of Defense
Congressional Research Service
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