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Mrs. Overall

(6,839 posts)
Fri Jun 26, 2020, 03:17 PM Jun 2020

Appeals court rules funding for Trump border wall construction 'unlawful'

Source: NBC

The Trump administration does not have the authority to use military funding to pay for construction of a border wall, a federal appeals court panel ruled on Friday.

In a 2-1 ruling, a 9th U.S. Circuit Court of Appeals panel found that diverting $2.5 billion Congress had appropriated for the military violated the Constitution and is unlawful.

The executive branch "lacked independent constitutional authority to authorize the transfer of funds," the ruling said. "These funds were appropriated for other purposes, and the transfer amounted to 'drawing funds from the Treasury without authorization by statute and thus violating the Appropriations Clause.' Therefore, the transfer of funds here was unlawful."

The decision upheld a ruling by a federal judge in California who last year found that the Trump administration's funding scheme was against the law. A coalition of states led by California had filed suit to block the move.

Read more: https://www.nbcnews.com/politics/donald-trump/appeals-court-rules-funding-trump-border-wall-construction-unlawful-n1232287

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Appeals court rules funding for Trump border wall construction 'unlawful' (Original Post) Mrs. Overall Jun 2020 OP
I guess Trump and McConnell haven't gotten that court fixed yet. (Sarcasm of course) redstatebluegirl Jun 2020 #1
Don't be so sure of that. mahatmakanejeeves Jun 2020 #2
By the way, "he" didn't do it. louis-t Jun 2020 #3
Addressing the words of President Bartlett rsdsharp Jun 2020 #4
OH YES, rsdsharp!!! elleng Jun 2020 #7
So if this was a final decision, which it won't be... Thomas Hurt Jun 2020 #5
The executive branch "lacked independent constitutional authority to authorize the transfer of fund' elleng Jun 2020 #6
He broke the law?? MissMillie Jun 2020 #8
Yuge K&R. JudyM Jun 2020 #9

mahatmakanejeeves

(56,890 posts)
2. Don't be so sure of that.
Fri Jun 26, 2020, 03:20 PM
Jun 2020

Sat Feb 22, 2020: Trump has flipped the 9th Circuit -- and some new judges are causing a 'shock wave.'

LA Times:

Trump has flipped the 9th Circuit — and some new judges are causing a ‘shock wave’

By MAURA DOLAN STAFF WRITER
FEB. 22, 20207:06 AM

When President Trump ticks off his accomplishments since taking office, he frequently mentions his aggressive makeover of a key sector of the federal judiciary — the circuit courts of appeal, where he has appointed 51 judges to lifetime jobs in three years.

In few places has the effect been felt more powerfully than in the sprawling 9th Circuit, which covers California and eight other states. Because of Trump’s success in filling vacancies, the San Francisco-based circuit, long dominated by Democratic appointees, has suddenly shifted to the right, with an even more pronounced tilt expected in the years ahead.

Trump has now named 10 judges to the 9th Circuit — more than one-third of its active judges — compared with seven appointed by President Obama over eight years.

“Trump has effectively flipped the circuit,” said 9th Circuit Judge Milan D. Smith Jr., an appointee of President George W. Bush.

{snip}

louis-t

(23,199 posts)
3. By the way, "he" didn't do it.
Fri Jun 26, 2020, 03:44 PM
Jun 2020

He doesn't sit around all day looking over the resumes of judges. Someone else (cough:McConnell) does. They want people (mostly unqualified) who follow the 'unitary executive' ideology.

Thomas Hurt

(13,903 posts)
5. So if this was a final decision, which it won't be...
Fri Jun 26, 2020, 04:51 PM
Jun 2020

the money has already been moved in violation of the Constitution.

so what happens...does some flunky fall on his sword for the Pig...or absolutely fn nothing happens.

I am going with the latter, now or if the SC agrees with this decision, nothing happens. No contracts are going to be canceled, work won't stop, the Pig is going to play Dear Leader and give the finger to the rule of law. He may not do it again, but he has already gotten away with this sh*t.

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