SIERRA CLUB; Southern Border Communities Coalition, Plaintiffs-Appellees,
v.
Donald J. TRUMP, in his official capacity as President of the United States; Mark T. Esper, in his official capacity as Acting Secretary of the Defense; Kevin K. McAleenan, in his official capacity as Acting Secretary of Homeland Security; Steven Terner Mnuchin, in his official capacity as Secretary of the Department of the Treasury, Defendants-Appellants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Lawrence J. Joseph , Washington, D.C.; Christopher J. Hajec , Director of Litigation, Immigration Reform Law Institute, Washington, D.C.; for Amicus Curiae Representative Andy Barr.
Kathleen R. Hartnett , Boies Schiller Flexner LLP, Palo Alto, California; Harold Hongju Koh , Rule of Law Clinic, Yale Law School, New Haven, Connecticut; Phillip Spector , Messing & Spector LLP, Baltimore, Maryland; for Amicus Curiae Former United States Government Officials.
Dissent by Judge N.R. Smith
ORDER
CLIFTON and FRIEDLAND, Circuit Judges:
This emergency proceeding arises from a challenge to a decision by the President and certain of his cabinet members (collectively, "Defendants")1 to "reprogram" funds appropriated by Congress to the Department of Defense ("DoD") for Army personnel needs and...
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