Whether the Executive Branch's expenditure of $2.5 billion on border-wall construction violates the CAA and thus the Appropriations Clause

QUESTIONS PRESENTED In January 2019, during a government shutdown, President Trump formally requested from Congress $5.7 billion in appropriations for a wall along the Southwest border. On February 14, 2019, Congress passed the Consolidated Appropriations Act (CAA), 2019, Pub. L. No. 116-6, 183 Stat. 138, which appropriates $1.375 billion for wall construction “in the Rio Grande Valley Sector” of the border, but declines to appropriate the remaining funds requested by the President. 133 Stat. at 28, div. A, § 230(a)(1). The CAA further states that “[nlone of the funds made available in this or any other appropriations Act may be used to increase ... funding for a ... project ... as proposed in the President’s budget request for a fiscal year until such proposed change is subsequently enacted in an appropriation Act.” 133 Stat. at 197, div. D, § 739. On the same day the President signed the CAA, his Administration determined to spend an additional $6.1 billion on border-wall construction, including $2.5 billion at issue here. The questions presented are as follows: 1. Whether the Executive Branch’s expenditure of §2.5 billion on border-wall construction violates the CAA and thus the Appropriations Clause. 2. Whether the Department of Defense’s transfer of $2.5 billion between agency appropriations accounts violates § 8005 of the DoD Appropriations Act, 2019, Pub. L. No. 115-245, div. A, 132 Stat. 2999, and thus the Appropriations Clause.