Appeals Court Upholds Freeze On Military Funds For Border Wall

The judges concluded, in part, that the use of the funds is unconstitutional because the executive branch didn't get appropriation from Congress.
Posted at 9:53 PM, Jul 03, 2019

A U.S. appeals court has upheld an injunction preventing the Trump administration from using Defense Department funds to build parts of a border wall. A split panel of three judges with the 9th Circuit Court of Appeals issued the opinion Wednesday.

The judges rejected President Donald Trump's request for an emergency stay in a lower court's injunction, which blocks the Trump administration from building the wall. 

According to the opinion, the judges found "the use of those funds violates the constitutional requirement that the Executive Branch not spend money absent an appropriation from Congress."

They said officials had wrongly reallocated funds under Section 8005 of the Department of Defense Appropriations Act of 2019. 

President Trump declared a national emergency to reprogram the military funds in January after Congress didn't provide border wall funding. This caused the longest partial government shutdown in U.S. history.