The 9th Circuit Court of Appeals on Friday ruled that President Donald Trump could not use emergency powers to divert $3.6 billion in military constructions to building the border wall, dealing another blow to the president’s signature 2016 campaign pledge.
In a 2-to-1 decision, the panel in San Francisco upheld an earlier ruling from a case filed by the Sierra Club and the Southern Border Communities Coalition that had challenged funding the border wall, the San Francisco Chronicle reported.
The Trump administration, in early 2019, requested $5.7 billion for the border wall, but Congress approved only $1.4 billion. President Trump then invoked his powers under the National Emergencies Act and declared border control an emergency that required using military construction funds to complete the wall. Trump diverted $3.6 billion to build 175 miles of the wall from California to Texas.