Wednesday, December 11, 2019
Judge David Briones (W.D. Tex.) permanently enjoined the government from using one particular source of reprogrammed funds to build the border wall. The ruling follows an earlier one in which the court ruled that the particular reprogramming violated the Consolidated Appropriations Act of 2019. (We posted on that earlier ruling here.)
Recall that Judge Briones ruled in October that the government's attempt to reprogram Defense Department funds for "military construction projects" under 10 U.S.C. Sec. 2808 violated the CAA. Judge Briones then invited the parties to suggest an appropriate remedy. Yesterday's ruling grants that remedy.
Judge Briones held that the permanent injunction factors favored the plaintiffs. The court therefore issued a permanent injunction against the agency-head defendants to prevent them from reprogramming these particular funds.
The ruling (like the court's October ruling) doesn't halt reprogramming under Section 284, however. (The court noted that the Supreme Court this summer stayed a lower court ruling that halted Section 284 reprogramming.) All this means that the government can't reprogram under Section 2808 (unless and until it appeals and wins), but it can reprogram under Section 284.