Sierra Club V. Trump, California V. Trump: Border Wall Funding Knocked Down

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 of funds 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.