Saturday, July 27, 2019
Last night the Supreme Court issued an order in Trump v. Sierra Club, staying an injunction issued by the U.S. District Court for the Northern District of California that blocked the Trump Administration from funding the construction of a border wall by declaring a national emergency under Section 8005 of the Department of Defense Appropriations Act. The full text is here:
The application for stay presented to JUSTICE KAGAN and by her referred to the Court is granted. Among the reasons is that the Government has made a sufficient showing at this stage that the plaintiffs have no cause of action to obtain review of the Acting Secretary’s compliance with Section 8005. The District Court’s June 28, 2019 order granting a permanent injunction is stayed pending disposition of the Government’s appeal in the United States Court of Appeals for the Ninth Circuit and disposition of the Government’s petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate when the Court enters its judgment.
Justices Ginsburg, Sotomayor, and Kagan would have denied the stay.
Justice Breyer dissented in part from the majority’s order, authoring an opinion that concludes:
I can therefore find no justification for granting the stay in full, as the majority does. I would grant the Government’s application to stay the injunction only to the extent that the injunction prevents the Government from finalizing the contracts or taking other preparatory administrative action, but leave it in place insofar as it precludes the Government from disbursing those funds or beginning construction. I accordingly would grant the stay in part and deny it in part.