U.S. district judge Trevor McFadden ruled against House Democrats in their attempt to block President Trump from moving Defense Department funds for the construction of the border wall.
McFadden argues that Congress needs to use a legislative approach to stop Trump from funding the border rather than challenge the administration in court.
“Congress has several political arrows in its quiver to counter perceived threats to its sphere of power. These tools show that this lawsuit is not a last resort for the House. And this fact is also exemplified by the many other cases across the country challenging the administration’s planned construction of the border wall.” McFadden said.
In February Trump declared a national emergency to appropriate money from the Defense Department’s anti-drug trafficking and construction budget.
Pelosi and other Democrats argue that the movement of those funds hurt Congress’ institutional authority.
“The court rightly ruled that the House of Representatives cannot ask the judiciary to take its side in political disputes and cannot use federal courts to accomplish through litigation what it cannot achieve using the tools the Constitution gives to Congress. The Department looks forward to continuing to defend the administration’s lawful actions to address the crisis at the southern border,” said a DOJ spokesperson.
Although the ruling was positive for the Trump administration, it still does not guarantee the wall’s construction.