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The legal fight over Trump's plan to tap into this funding source is ongoing. It's different from the $2.5B in DOD counter-drug funding that SCOTUS already said the admin could use, see: buzzfeednews.com/article/zoetil…
House Dems lost at the district court level in trying to block the Trump admin from tapping the military construction funds (the judge found they didn't have standing), and that's now before the DC Circuit — briefing is scheduled to end in late November
In a separate case challenging Trump's border construction funding plan in WD Texas — a case that also deals with the plan to use $3.6B in military construction funds — a district judge heard arguments just last week on a request for an injunction (no ruling yet)
The ACLU, which is already has litigation pending over Trump's border construction funding plan, says they'll seek an order blocking the use of $3.6B in military construction funds. The AcLU's case is the one where SCOTUS said the Trump admin could use $2.5B in counterdrug funds 
Recall SCOTUS said the Trump admin could go ahead with using the $2.5B in counterdrug money while lower court litigation went forward – the 9th Circuit is set to hear args on that in November. This would start another round re: the $3.6B in military construction funds
