ELR Citation: 50 ELR 20260
No(s). 19-51144 (5th Cir. Dec 4, 2020)

The Fifth Circuit, 2-1, affirmed in part and reversed in part a ruling enjoining the Trump Administration from using military funds to build portions of a border wall along the U.S.-Mexico border. El Paso County and a nonprofit group argued that the president's proposed plan for funding border barrier construction—diverting funds that Congress appropriated for other purposes—violated the Consolidated Appropriations Act (CAA). The district court had found that the CAA expressly forbids the Administration from diverting funds appropriated for general military construction to fund specific border barrier construction, and thus enjoined diversion of those funds, but declined to enjoin diversion of funds appropriated for counterdrug activities. The appellate court, however, ruled that neither plaintiff had standing to challenge either of the Administration's diversions. It therefore affirmed the district court's denial of an injunction of funds appropriated for counterdrug activities, reversed the court's grant of summary judgment for the plaintiffs, vacated its injunction of funds appropriated for military construction, and remanded for dismissal of all claims for lack of jurisdiction.