A federal appeals court based in New Orleans has lifted a block placed by a lower court on military aid President Trump’s administration wants to use to build a wall along the southern border.
The 5th U.S. Circuit Court of Appeals ruled Wednesday to reverse an injunction from U.S. District Court Judge David Briones, which blocked $3.6 billion in military construction funds for the border wall plan.
Briones’s move came after the City of El Paso, Texas, and the Border Network for Human Rights organization sued the Trump administration to stop him from using the funds to enhance wall and fencing in the southwestern portion of the state. However, the appeals court, which fell along ideological lines, lifted the block and featured just one dissenting opinion.
“Although I agree with my colleagues that this matter presents ‘a substantial case on the merits’ and involves a ‘serious legal question…’ I am unable to agree, without focused panel deliberation and discussion — possibly aided by dialogue with counsel — that the government presently has shown either a likelihood of success on the merits or irreparable harm in the absence of a stay,” Judge Stephen Higginson said in his dissent.
Trump celebrated the news in an early-morning tweet Wednesday, writing, “The Fifth Circuit Court of Appeals just reversed a lower court decision & gave us the go ahead to build one of the largest sections of the desperately needed Southern Border Wall, Four Billion Dollars. Entire Wall is under construction or getting ready to start!”
Breaking News: The Fifth Circuit Court of Appeals just reversed a lower court decision & gave us the go ahead to build one of the largest sections of the desperately needed Southern Border Wall, Four Billion Dollars. Entire Wall is under construction or getting ready to start!
— Donald J. Trump (@realDonaldTrump) January 9, 2020
The ruling clears the way for the administration to continue to peruse border security projects in the region for now, but more appeals and legal challenges are likely.
