Note: this piece was originally published in Law360, and features a quote by Checks & Balances member Stuart Gerson.
The Fifth Circuit in January paused enforcement of the federal judge’s funding block while the order was being challenged in the circuit court, allowing Trump to tap into defense funding for border wall construction.
Epstein Becker Green attorney Stuart Gerson, who is representing El Paso County and the Border Network for Human Rights, told Law360 that they are “making a fundamentally conservative point.”
“We are on the left-of-center and on the right-of-center, where I am, are advocating for the structural constitution and the checks and balances that the framers intended,” Gerson said.
Counsel for the government and counsel for the amici did not respond to requests for comment.