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Federal Appeals Court: Trump Administration Cannot Use Military Funds for Border Wall

“As for the public interest, we conclude that it is best served by respecting the Constitution’s assignment of the power of the purse to Congress.”

The 9th Circuit Court of Appeals rejected the Trump administration’s request to stop a court order blocking the diversion of military funds to partially pay for the border wall. In a 2-1 ruling Wednesday, the appeals court stated that the government did not meet the “requirements” to reprogram Defense Department funds to the Department of Homeland Security—which were previously denied by Congress. “[T]he use of those funds violates the constitutional requirement that the Executive Branch not spend money absent an appropriation from Congress,” the appeals court’s opinion reads. “As for the public interest, we conclude that it is best served by respecting the Constitution’s assignment of the power of the purse to Congress.”