Author Topic: Judge tosses House Dems' lawsuit over Trump's use of emergency military funds for border wall  (Read 224 times)

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Offline Elderberry

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Fox News By Gregg Re 6/3/2019

Washington, D.C., district court Judge Trevor McFadden threw out House Democrats' lawsuit seeking an injunction against President Trump's emergency border wall funding reallocation, saying that the matter is fundamentally a political dispute and that the politicians lack standing to make a legal case.

Trump had declared a national emergency this past February over the humanitarian crisis at the southern border, following Congress' failure to fund his border wall legislatively. House Speaker Nancy Pelosi, D-Calif., and House Democrats then filed suit in April, charging that Trump was "stealing from appropriated funds” by moving $6.7 billion from other projects toward border wall construction.

Democrats argued that the White House had "flouted the fundamental separation-of-powers principles and usurped for itself legislative power specifically vested by the Constitution in Congress."

But, in his ruling, McFadden, a Trump appointee, suggested Democrats were trying to circumvent the political process.

"This case presents a close question about the appropriate role of the Judiciary in resolving disputes between the other two branches of the Federal Government. To be clear, the court does not imply that Congress may never sue the Executive to protect its powers," McFadden wrote in his opinion. "The Court declines to take sides in this fight between the House and the President."

McFadden's ruling contrasted with U.S. District Court Judge Haywood Gilliam’s injunction last week, which blocked the administration from using the reallocated funds for projects in specific areas in Texas and Arizona. Gilliam had been appointed by then-President Barack Obama.

McFadden began by focusing on two guiding Supreme Court cases he called "lodestars"-- the 2015 case Arizona State Legislature v. Arizona Independent Redistricting Commission, and the 1997 case Raines v. Byrd.

"Read together, Raines and Arizona State Legislature create a spectrum of sorts," McFadden wrote. "On one end, individual legislators lack standing to allege a generalized harm to Congress’s Article I power. On the other end, both chambers of a state legislature do have standing to challenge a nullification of their legislative authority brought about through a referendum."

But, McFadden quickly distinguished the Arizona State Legislature case, which found institutional standing for legislators only in a limited instance. The Arizona case, the judge noted, "does not touch or concern the question whether Congress has standing to bring a suit against the President," and the Supreme Court has found there was "no federal analogue to Arizona’s initiative power."

More: https://www.foxnews.com/politics/judge-house-dems-lawsuit-trump-emergency-military-funds-border-wall
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Offline libertybele

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This seems hopeful.  I wonder what the next DEM move will be.
"I believe in the United States of America as a Government of the people, by the people, for the people; whose just powers are derived from the consent of the governed; a democracy in a republic; a sovereign nation of many sovereign states; a perfect union one and inseparable; established upon those principles of freedom, equality, justice and humanity for which American patriots sacrificed their lives and fortunes. I therefore believe it is my duty to my country to love it; to support its Constitution; to obey it laws; to respect its flag; and to defend it against all enemies." -William Page

Offline Right_in_Virginia

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Wake up the appeals court.   Incoming.
"January 20th 2017 will be remembered as the day the people became the rulers of this nation again."  --  President Donald J. Trump


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