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County of El Paso, Texas v. Trump

ELR Citation: 50 ELR 20017
Nos. 19-51144, (5th Cir., 01/08/2020)

The Fifth Circuit blocked a preliminary injunction issued by a district court that had barred the Trump Administration from using military funds to build portions of a border wall along the U.S.-Mexico border. The district court had found that the Consolidated Appropriations Act expressly forbade the Administration from diverting funds appropriated for general military construction to fund specific border barrier construction. On appeal, the appellate court found that the Administration was entitled to the same relief that it was afforded by the Supreme Court's decision to stay a similar injunction in the Ninth Circuit because of the substantial likelihood that the parties who filed suit lacked standing. It therefore granted, 2-1, the Administration's motion to stay the preliminary injunction.