Author Topic: U.S. judge questions House lawsuit to stop Trump border wall construction  (Read 417 times)

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Offline Right_in_Virginia

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U.S. judge questions House lawsuit to stop Trump border wall construction
Washington Post, May 23, 2019

A U.S. judge on Thursday sharply challenged a House lawsuit to block construction of President Trump’s border wall after a senior Justice Department attorney said Congress cannot sue to enforce its constitutional power of the purse and that courts should stay out of political disputes between branches of government.

The Democratic-led House filed suit in Washington on April 5 to prevent work after Speaker Nancy Pelosi (D-Calif.) accused the administration of “stealing from appropriated funds” by seeking to transfer $6.7 billion more for the effort than the $1.375 billion Congress approved, a shift of money from other projects lawmakers authorized.

[...]

But over nearly three hours of arguments, U.S. District Judge Trevor N. McFadden of the District said there were few cases to guide how courts should rule on a major test of the constitutional separation of powers, and pressed House general counsel Douglas Letter to point to historical precedent allowing one chamber of Congress to sue the president to settle political differences.

Whether the House has legal standing to sue is “problematic” and a “significant issue in this case,” said McFadden, citing the bedrock legal requirement that a party prove it is being harmed and show that only a court can address it. “Courts are not there to adjudicate just interesting constitutional or political questions between the branches,” he added later.


More:  https://www.washingtonpost.com/local/legal-issues/us-judge-hears-house-lawsuit-to-stop-trump-border-wall-construction/2019/05/23/234cfa4c-7caa-11e9-8bb7-0fc796cf2ec0_story.html?noredirect=on&utm_term=.cb6de1ea1ce9

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Offline Right_in_Virginia

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“Judge of the United States District Court for the District of Columbia
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"January 20th 2017 will be remembered as the day the people became the rulers of this nation again."  --  President Donald J. Trump

Offline Chosen Daughter

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“Judge of the United States District Court for the District of Columbia
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Could be a win, but isn't since any border city can opt out of the "wall".
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Online Once-Ler

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A U.S. judge on Thursday sharply challenged a House lawsuit to block construction of President Trump’s border wall after a senior Justice Department attorney said Congress cannot sue to enforce its constitutional power of the purse and that courts should stay out of political disputes between branches of government.
The Justice Department say all kinds of crazy crap.  They're now a publicity extension of the Administration.
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Offline libertybele

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Could be a win, but isn't since any border city can opt out of the "wall".

This is true, but on the other hand, there is a lame brain liberal a**hole judge, blocking the construction of the wall.  9999hair out0000

https://www.foxnews.com/politics/judge-temporarily-blocks-trumps-border-wall-construction-plans

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Offline LegalAmerican

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Some people on here...want to blame president for what is going on at the border.  SO BACKWARDS.. ALL ON DEMON-RATS.


Offline Right_in_Virginia

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Some people on here...want to blame president for what is going on at the border.  SO BACKWARDS.. ALL ON DEMON-RATS.

Tough to argue with @LegalAmerican    :thumbsup:
"January 20th 2017 will be remembered as the day the people became the rulers of this nation again."  --  President Donald J. Trump

Offline Right_in_Virginia

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The Justice Department say all kinds of crazy crap.  They're now a publicity extension of the Administration.

Not even close.    According to the judge:

Quote
Whether the House has legal standing to sue is “problematic” and a “significant issue in this case,” said McFadden, citing the bedrock legal requirement that a party prove it is being harmed and show that only a court can address it. “Courts are not there to adjudicate just interesting constitutional or political questions between the branches,” he added later.

The issue is simple. Congress -- meaning both houses acting together -- can legislatively block the transfer of funds. Unless and until this occurs, the President may reallocate funds to build the wall under the provisions of the emergency declaration.

In this instance, there has been no action by Congress.   Further, since the House acting alone cannot change the law, the House lacks the standing to appear in court and speak as if it has the authority of the entire Congress.

"Problematic" indeed.
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In this instance, there has been no action by Congress.   Further, since the House acting alone cannot change the law, the House lacks the standing to appear in court and speak as if it has the authority of the entire Congress.

"Problematic" indeed.

Leftist Judges have been handing out standing like candy to the Rats.
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