The public interest, according to the majority, "is best served by the constitution assigning the powers of the purse to Congress and the understanding of Congress for the public interest, resulting in the repeated denial of more funds for the border reflects, postpones barrier building.
Attorney General Noel J. Francisco called on the Supreme Court to stand up for him, preventing the public from stopping the government's efforts to build barriers to stem the illicit drug flow across the southern border. "
Mr. Francisco argued that the lower courts had misunderstood two provisions of a federal law when they concluded that the transfer had not been approved. The law allows the redistribution of funds to meet "unforeseen military requirements" where expenditure has not yet been "denied by Congress". Francisco wrote that the anti-drug measures were unforeseen when the Ministry of Defense submitted its budget proposal, and Congress had never done so, went into the special narcotics measures.
"This was a deliberate decision of the Congress," said the statement of the A.C.L.U. "Less than six months ago, this country had to cope with the longest government deadlock in its history, as Congress did not provide adequate funding for the wall construction in question." Federal law, "denied by Congress".
In a separate case, the house also challenged the actions of the government.
In June, Judge Trevor N. McFadden of the United States District Court for the District of Columbia ruled that the House could not prove it had suffered the type of injury that caused it to sue. Courts, he wrote, should generally resolve disputes between the other two branches only as a last resort.
Here he wrote: "Congress has several political arrows in its pocket to counteract perceived threats to its realm," including legislation "specifically to restrict the transfer or release of funds for a border wall." "According to our constitutional scheme," they wrote, "an immense wall along our border can only be built if Congress provides funding for it."