The Supreme Court summarily rejected a legal challenge from activists who claimed that President Donald Trump’s proposed southern border wall ran afoul of environmental laws, clearing away a potential obstacle that might have prevented the administration from moving ahead with construction on the project.
The ruling is also a significant victory for Trump, who campaigned on beefing up immigration law enforcement and constructing a wall on the nation’s multi-state border with Mexico. Years ago, Congress approved legislation authorizing construction of the wall but has yet to actually appropriate funding for it. Congress has appropriated limited funding for fencing and other barriers along the border.
The court decision comes at a time when the nation’s immigration system and porous borders are constantly in the headlines. Televised images of members of Central American caravans defiantly scaling border fencing to unlawfully enter the country have enraged many Americans. Trump has deployed about 6,000 U.S. troops to the border with Mexico.
The decision to not consider an appeal of the ruling by U.S. District Judge Gonzalo Curiel of the Southern District of California earlier this year by the Center for Biological Diversity, Animal Legal Defense Fund, and Defenders of Wildlife helps to clear the way for the administration to move forward with building a border wall, assuming Congress appropriates funding for the project. Curiel, coincidentally, is the same judge Trump previously criticized for his handling of a class-action lawsuit involving the now-defunct Trump University.
But it’s far from certain that lawmakers will approve funding for the wall. Trump has threatened to shut down the federal government if Congress fails to ante up $5 billion for the initial phase of wall construction, for a project expected to cost $25 billion.
“We’ve worked that out. And this fight’s going to continue on. And clearly, what we’re battling over is to make sure that we can fund our border-security properly, build the wall, and give President Trump the money he needs to keep America safe.”
The Supreme Court justices declined without comment the request to review the ruling by Curiel, who dismissed the activists’ claim that the Trump administration had gone forward with preliminary phases of the project without complying with environmental laws.
Brian Segee, a lawyer for the Center for Biological Diversity, told Reuters he was disappointed the court turned down his group’s appeal of Curiel’s decision.
“Trump has abused his power to wreak havoc along the border to score political points,” Segee said. “He’s illegally sweeping aside bedrock environmental and public-health laws. We’ll continue to fight Trump’s dangerous wall in the courts and in Congress.”