A House request seeking the prevention of President Donald Trump from using Defense Department fund for his proposed plan to build the Mexico-US border wall has suffered a major setback.
A federal judge denied granting the House its request, claiming that the Congress didn’t have the authority to challenge the president in court.
Last month, a federal ruling prevented the president from constructing some sections of the border wall, citing the desire of the president to use a fund earmarked for emergencies for such a construction project.
The ruling, passed in California, was in respect to a case filed by the Southern Border Communities Coalition and the Sierra Club via the American Civil Liberties Union.
However, Judge Trevor McFadden ruled that the House doesn’t have the right to sue the president on this issue.
He also said that he doesn’t consider it appropriate for the court to interfere in a fight between the Congress and the President.
“The Court declines to take sides in this fight between the House and the President. This case presents a close question about the appropriate role of the judiciary in resolving disputes between the other two branches of the Federal Government,” the Judge wrote.
Judge Fadden’s decision has been praised by the Department of Justice.
While speaking on behalf of the Department, the spokesperson said it is wrong for the House of Representatives to seek the alliance of the Court against the government if it can’t take advantage of the tools at its disposal.