On Wednesday, a federal appellate court lifted an injunction by a lower court which had prevented $3.6 billion in military funds from being used for the construction of a barrier on the U.S.-Mexico border.
The 5th U.S. Circuit Court of Appeals, based in New Orleans, ruled 2-1 to lift the injunction put in place in December by El Paso-based District Court Judge David Briones, a Clinton appointee.
The court’s two Republican appointees ruled that the plaintiffs in the suit — the city of El Paso and the Border Network for Human Rights — lacked the standing to challenge the administration’s use of the funds as an encroachment on Congress’s appropriation powers.
“The Supreme Court recently stayed a similar injunction from our sister circuit,” wrote 5th Circuit Judges Edith Jones, a Reagan appointee, and Andrew Oldham, who was appointed by President Trump, in the brief ruling.
The Supreme Court in July lifted an injunction by a different lower court blocking military funds for border-wall construction.
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