Appeals Court Overturns Clinton Appointed Judge, Approves $3.6B for Border Wall

Last month, Bill Clinton appointed Judge David Briones issued and injunction against diverting military funds for Trump’s border wall.

This has now been appealed by an appeals court in a 2-1 ruling.

President Trump reacted to the news by tweeting:

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!

A federal appeals court overturned a lower court ruling on Wednesday, approving the Trump administration to use military construction funds to build a border wall along the country’s border with Mexico.

The decision from the 5th Circuit Court of Appeals, based in New Orleans, lifts an injunction issued last month in Texas that blocked the reallocation plan.

In the 2-1 ruling, judges granted the administration’s request to temporarily halt the nationwide injunction from U.S. District Judge David Briones of El Paso. Congress appropriated the $3.6 billion to the Department of Defense for 127 construction projects, Briones had ruled, so the Trump administration shouldn’t divert it to the border wall.

The appeals court judges said the Supreme Court recently halted a similar injunction, but gave no specific reason for ruling in the administration’s favor. The dissenting judge, Stephen Higginson, wrote that the administration did not prove it will suffer irreparable harm without a halt on the injunction.

“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,” Higginson wrote in his dissent.