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Article
Sierra Club v. Trump, California v. Trump: Border Wall Funding Knocked down
Arizona Journal of Environmental Law & Policy
  • Edward A. Fitzgerald, Wright State University - Main Campus
Document Type
Article
Publication Date
4-1-2022
Identifier/URL
https://heinonline.org/HOL/P?h=hein.journals/arijel12&i=179
Abstract
After Congress refused to fund the border wall, President Trump declared a national emergency. This allowed him to reprogram funds from other accounts to provide funding for border wall construction. The Ninth Circuit in Sierra Club v. Trump and California v. Trump held that the reprogramming offunds pursuant to sections 8005 and 2808 violated the statutes and posed constitutional problems. However, the Supreme Court issued a stay, which allowed construction to continue. This article analyzes and asserts that the Ninth Circuit decisions were correct. Events at the end of Trump administration are reviewed. After taking office, President Biden cancelled the national emergency and stopped most of the funding for the border wall. President Biden supports the establishment of a virtual border wall. Events during the Biden administration are examined.
Citation Information
Edward A. Fitzgerald. "Sierra Club v. Trump, California v. Trump: Border Wall Funding Knocked down" Arizona Journal of Environmental Law & Policy Vol. 12 Iss. 2 (2022) p. 179 - 238 ISSN: 2161-9050
Available at: http://works.bepress.com/edward_fitzgerald/5/