The Supreme Court already ruled on it.
Yep!
Rick Moran’s piece is exceptionally gloomy. The Clinton Judge acknowledged in his ruling that other SCOTUS-approved funds could be spent. El Paso only has a bad reputation, if any, IMO, because bullets from gun battles across the border can hit buildings in El Paso, as happened to City Hall some years ago.
“The Supreme Court already ruled on it.”
The Supreme Court ruled on other major source of funds from DoD ($2.5 billion from Counter-Narcotics account). This case is about the use of Military Construction accounts ($3.6 billion).
There are some common factors that will likely apply however.
Because it was an emergency (formally declared by the President), the Supreme Court took action quickly (about a month).
Because it was an emergency, the Supreme Court likely had a strong presumption for siding with the Government (President) about imposing temporary restraint, while things drag out in Court (and then the Appeals Court).
Also, the general issue of District Court Judges (678 of them) attempting to exercise policy vetoes over the President. It has been raised repeatedly to the Chief Justice, and his oversight committees in the Legislature as a systemic problem.
The Chief Justice of the Court has said he could address this potential abuse by Judges with political bias within the Judicial Branch, without the Legislature imposing restrictions, or the Executive resorting to the confrontational tactics available to it.
So there is a good chance that either the 5th Circuit Court (likely) or Supreme Court (possible) will step in quickly, and lift this restraint on the Government until after the case and all appeals are settled. It is no surprise that the Left found a willing hack judge - but those responsible for overseeing and policing such potential abuse have been on high alert to put an end to it. So this will likely be a test case for the Legislative Branch’s ability to police itself.
There are some differences in this case.
Firstly, different laws authorize the use of those two sources of funds.
Secondly, the validity of the emergency declaration is material to this case, but not the first one.
The use of Military Construction money for wall building requires a Presidentially declared emergency, under the existing law that authorizes it (National Emergencies Act of 1976). Using DoD Counter-Narcotics funds to build border fencing, roads and lighting are specifically authorized in the separate law that established it, on a routine, standing basis.
Lower court judges love to play at over-ruling SCOTUS on the idea that the aggrieved party does not have funds to purse the case further - and are too often right. Hopefully not in this case.