It’s been a bad legislative blow delivered to the belly of the Biden administration this week as the lower Supreme Court takes a second look at the previously blocked multi-billion dollar budget that would have been used for construction of former President Donald Trump’s border wall.
After taking office in January, President Joe Biden has sought to halt funding for the border wall construction that was pushed by his predecessor. The Biden administration had argued that the Supreme Court did not need to weigh in on the border wall funding case because the project was closed down by the new administration.
But the Court’s Monday ruling called for a reassessment of the case, given the new circumstances under which the project is being considered and with a different administration in the White House.
Washington Times further reported that “The District Court should consider what further proceedings are necessary and appropriate in light of the changed circumstances in this case,” the justices said in a brief order.
The high court had taken a similar step to erase a precedent in another border wall case earlier this year, but that appeal had been granted while Mr. Trump was still in office.
Border wall opponents had urged the justices to reject this appeal, though, saying it is “unprecedented” for the court to accept the case “of a non-moot, non-certworthy petition in the absence of either a confession of error or a finding that the lower court may not have considered facts or law that could plausibly alter the lower court’s analysis.”
“The decision below does not impede any government function or threaten a flood of litigation, and there is no plausible reason that the government’s decision to end construction would lead the lower courts to decide the cause of action or legality of construction differently,” the Sierra Club, a chief plaintiff in the case, wrote in its briefs.
The Biden Justice Department, though, had said vacating the lower court rulings was the right approach, defending the executive branch’s emergency powers, while saying Mr. Trump’s specific declaration wasn’t warranted.