Appeals court fast tracks Trump border wall funding case

The Ninth Circuit Court of Appeals on Thursday is fast tracking a challenge to President TrumpDonald John TrumpComedy Central shoots down Trump Jr. after he joked network should host Democratic debates Booker: If Obama was running for a third term, ‘I wouldn’t be running’ De Blasio releases plan to substantially raise taxes on the rich, corporations MORE‘s use of military funds for the construction of a border wall.

The Supreme Court last week ruled that the allocation of the $2.5 billion to the southern border could proceed while litigation plays out.

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That decision came after the Trump administration asked for a temporary pause on lower court injunction that blocked officials from tapping some of the diverted Pentagon dollars for border wall construction.

A challenge to the move, from the Sierra Club and other groups, will now have a hearing in November, the Northern California court announced Thursday.

Dror Ladin, a staff attorney with the ACLU’s National Security Project, said after the Supreme Court’s ruling that allowing the border wall project to move forward would be harmful.

“Border communities, the environment, and our Constitution’s separation of powers will be permanently harmed should Trump get away with pillaging military funds for a xenophobic border wall Congress denied,” Ladin said. 

Trump declared a national emergency earlier this year to reallocate the military funds for the border wall, a project which the president has long promised. 

That move followed a 35 day-long partial government shutdown over border security funding.

House Democrats sued after the emergency declaration, claiming that only lawmakers can allocate federal funding under the Constitution.

But U.S. District Judge Trevor McFadden in D.C., a Trump appointee, found that the lawmakers did not have the standing to bring forward the suit. That ruling is currently being appealed. 

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