Trump Is Losing Big League At The Courts As His Plan To Build His Border Wall Hits Another Major Roadblock
A divided federal appeals court panel has declined to remove a major roadblock to President Donald Trump’s plan to spend more than $8 billion for border wall construction despite Congress agreeing to give him only a fraction of that sum.
The Ninth Circuit Court of Appeals has blocked (once again) Trump’s attempt at using Pentagon money to build a border wall.
The 9th Circuit Court of Appeals voted, 2-1, to deny the Justice Department’s request for an emergency stay of a lower court judge’s injunction that blocked a budgetary maneuver the Trump administration sought to use to fund border projects in Arizona, New Mexico, and California.
Two of the judges said in a 75-page order released Wednesday that the attempt to move Defense Department construction funds to the Department of Homeland Security appeared to be a violation of federal law and the Constitution’s delegation to Congress of the power to appropriate funds.
“The Constitution assigns to Congress the power of the purse. Under the Appropriations Clause, it is Congress that is to make decisions regarding how to spend taxpayer dollars,” Clifton and Friedland wrote. “Congress did not appropriate money to build the border barriers Defendants seek to build here. Congress presumably decided such construction at this time was not in the public interest. It is not for us to reach a different conclusion.”
For now, the administration is still prohibited from building a wall along the border.
The administration said the U.S. needed emergency protection to fight drug smuggling. Its arguments did not mention illegal immigration or unprecedented numbers of Central American families seeking asylum at the U.S. border , which have dominated public attention in recent months.
The administration has awarded $2.8 billion in contracts for barriers covering 247 miles (390 kilometers), with all but 17 miles (27 kilometers) of that to replace existing barriers not expand coverage. It is preparing for a flurry of construction that the president is already celebrating at campaign-style rallies.
Trump inherited barriers spanning 654 miles (1,046 kilometers), or about one-third of the border with Mexico. Of the miles covered under Trump-awarded contracts, more than half is with Pentagon money.
While many were happy that this verdict likely means the president won’t be able to make good on one of his key campaign promises.
And if he can’t keep his promises, many hope his supporters will be disillusioned with his performance as president and we won’t see another four years of this administration’s xenophobic, racist, hate-filled policies.
The House of Representatives celebrated the verdict but also was in disbelief over how many times Trump has to lose before he realizes he can’t build his wall.
The Democrat-led House of Representatives also filed suit to block the disputed border wall spending, but its suit was thrown out by a federal judge in Washington last month. The decision is on appeal to the D.C. Circuit.
Kamala Harris also took to Twitter to remind people what big news this is.
According to Sen. Harris, this is a major victory in the fight against the president’s border wall project.
And so did Senate Minority Leader, Chuch Schumer.
Although the fight isn’t over, it’s definitely a verdict to celebrate and many especially wanted to thank the ACLU for their work in bringing the case before the 9th Circuit. It’s their hard work that helped make the case possible.
People took to Twitter to celebrate the court’s decision.
Congress and now two courts have said no border wall funds.
For the sake of our democracy and border communities, it’s time Donald Trump come to terms with the fact that America rejected his xenophobic wall and move on.
READ: President Trump Didn’t Get His Border Wall Funding So He Is Now Declaring A National Emergency
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