Liberals Test Supreme Court's 'Shadow Docket' in Attempt to Stop Trump Admin from Illegally Funding
From https://lawandcrime.com/supreme-court/liberals-test-supreme-courts-shadow-docket-in-attempt-to-stop-trump-admin-from-illegally-funding-border-wall/
Liberals Test Supreme Courts Shadow Docket in Attempt to Stop Trump Admin from Illegally Funding Border Wall
COLIN KALMBACHER
Sep 3rd, 2020, 12:33 pm
TEXAS El Paso County officials and human rights advocates filed a petition with the U.S. Supreme Court on Thursday seeking a review of their case challenging President Donald Trumps attempt to divert Department of Defense funds in order to continue construction on the controversial wall between the U.S.-Mexico border.
The plaintiffs previously won their case on the merits before the U.S. District Court for the Western District of Texas, which granted an injunction that prohibited the administration from using the disputed funds for construction of Trumps long-promised and error-plagued wall. That ruling, which determined that such a diversion of funds is expressly illegal, was issued in October 2019. But, taking a cue from the Supreme Court itself, the Fifth Circuit Court of Appeals issued a stay of the lower courts injunction and wall construction continued.
The appeals court subsequently denied an attempt to expedite its own review of the case, thereby allowing the administration to divert Congressionally-appropriated military funds apace.
Now, the plaintiffs are asking the nations high court to intervene and cut the slow-walked progress of the Fifth Circuit off at the pass.
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