" WASHINGTON — The Supreme Court on Friday rejected a request from environmental groups to stop construction of President Trump’s border wall while the administration seeks review of an appeals court loss.
The vote was 5 to 4, with the court’s more conservative members in the majority. Its brief order was unsigned and gave no reasons, which is typical when the court acts on emergency applications.
In dissent, Justice Stephen G. Breyer wrote that he feared that the court’s action effectively decided the case before the justices even considered whether to hear the administration’s appeal. Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan joined the dissent.
A year ago, by the same 5-to-4 vote, the court allowed the administration to start using $2.5 billion in Pentagon money to build the wall on the southwestern border while the case moved forward in the lower courts. In June, a divided three-judge panel of the United States Court of Appeals for the Ninth Circuit, in San Francisco, ruled against the administration, saying Congress had not
authorized the spending.
But the Supreme Court’s earlier order allowing the construction remains in place and will not expire until the court either denies the administration’s petition seeking review or agrees to hear the administration’s appeal and rules on it."