Brick by brick, figuratively speaking, with a serious assist from the Supreme Court ruling that reprogramming $2.5 billion of counter-narcotics monies may be used, Donald Trump is fulfilling his promise to get the southern border wall built.
In a 5 to 4 decision to stay an injunction by a federal district court that sought to slow down usage of the funds from the Department of Defense, the nation’s highest court said, “the Government has made a sufficient showing at this stage that the plaintiffs have no cause of action to obtain review of the Acting Secretary’s compliance with Section 8005” of the Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019.
That’s because the law is clear. It states in part “Upon determination by the Secretary of Defense that such action is necessary in the national interest, he may, with the approval of the Office of Management and Budget, transfer not to exceed $4,000,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred…”
The $2.5 billion specific to the court case were to be used for enforcing 10 U.S.C. Section 284(B)(7), entitled, “Support for counterdrug activities and activities to counter transnational organized crime,” which explicitly authorizes “Construction of roads and fences … to block drug smuggling corridors across international boundaries of the United States.”
In other words, the case was such a slam dunk for the federal government that Supreme Court majority chuckled it out of court stating there was simply “no cause of action” to enjoin the spending of the monies. The plaintiffs lacked standing to bring the case in the first place. The outcome is that the money will be spent and Trump will get some new wall built.