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New York, California, 14 other states sue Trump in Ninth Circuit over emergency declaration
Fox News ^ | 2/18/2019 | Fox News

Posted on 02/18/2019 6:38:41 PM PST by usafa92

The Trump 2020 campaign is highlighting examples of the president keeping his promises, advisory board member Marc Lotter says.

The attorneys general of California, New York, and 14 other states on Monday filed a lawsuit in the Ninth Circuit against the White House's recent national emergency declaration over border security, claiming President Trump has "veered the country toward a constitutional crisis of his own making."

President Trump sarcastically had predicted the lawsuit last week. He's slammed the Ninth Circuit multiple times as "disgraceful" and politically biased.

The litigation, brought before a federal trial court in the Northern District of California, seeks an injunction to prevent Trump from shifting billions of dollars from military construction to the border without explicit congressional approval. The suit also asks a court to declare Trump's actions illegal, arguing that Trump showed a "flagrant disregard of fundamental separation of powers principles engrained in the United States Constitution" by violating the Constitution's Presentment and Appropriations Clauses, which govern federal spending.

The litigation additionally includes allegations that Trump is violating the National Environmental Policy Act, by planning to build a wall that could impact the environment without first completing the necessary environmental impact reports.

The states contend they have standing to sue the administration largely because, they allege, the federal funds could have been spent on their defense. "Maine is aggrieved by the actions of Defendants and has standing to bring this action because of the injury to the State and its residents caused by Defendants’ reduction of federal defense spending in Maine due to diversion of funding to the border wall," one section of the suit reads.

(Excerpt) Read more at foxnews.com ...


TOPICS: Breaking News; Constitution/Conservatism; News/Current Events; Politics/Elections
KEYWORDS: border; braking; buildthefence; daca; dreamact; dreamers; emergency; emergencydeclaration; liberals; ninthcircus; theleft; trump; wall
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To: Daniel Ramsey

California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon and Virginia.

Wonder how many illegals voted in these states in the 2016 and 2018 elections.


41 posted on 02/18/2019 7:05:31 PM PST by EdnaMode
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To: chief lee runamok

There used to be a SAC (Strategic Air Command) base in the northern-most part of Maine. Loring Air Force Base. In the event of war with the Soviet Union, bombers carrying nukes would have been on there way to targets in the USSR.

That base is closed now.

Bath Iron Works makes destroyers and other ships for the Navy....located in southern Maine.

Brunswick Naval Air Station in southern Maine used to have P-3 anti-sub planes based there. It’s now closed.

Air National Guard base at Bangor International Airport....C-141 Starlifters and C-5A Galaxy aircraft based there.

The only reason Maine joined this lawsuit was because in the Blue Wave election last fall, Maine’s dem attorney general, Janet Mills, beat GOP businessman Shawn Moody, who ran a rather weak campaign, unfortunately.

The Maine House is controlled by democrats, and Maine has a new democrat attorney general because the party that controls the Maine House gets to pick the attorney general.
I doubt if most people in Maine support this stupid lawsuit.

Our previous governor, super-conservative Paul LePage, was term-limited out. He now lives in Florida but will return to Maine in the warm weather months. LePage has already said he wants to run in 2022, and people are already sending money for a campaign.


42 posted on 02/18/2019 7:06:03 PM PST by july4thfreedomfoundation (President Trump is right! The media IS the enemy of the people!)
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To: usafa92

I don’t get this.

I don’t have any citations at hand, but over the years I’ve read of District Court decisions being only effective in that District and that we’d have to wait for a Supreme Court outcome to know if the decisions was national or not.

I’ve read of the Supreme Court taking cases because different district courts came to different decisions.

So how does one lower level judge in a district get to issue a nationwide injunction?

If I was in the Fifth District Court, I’d be less than happy if some Ninth District schmuck issued an injunction I didn’t like and would not have issued, but I and my people have to follow it anyway.

Could judges in the Fifth District say “That’s nice Ninth, but not in our district”?


43 posted on 02/18/2019 7:10:55 PM PST by KrisKrinkle (Blessed be those who know the depth and breadth of ignorance. Cursed be those who don't.)
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To: VanShuyten

The amount of money the president is spending on the wall is small compared to the overall defense budget.

The president has said the generals have urged him to use the money, telling him that building the wall is very important to our national security.

No defense contracts to businesses in Maine will suffer as a result. It’s just left-wing moonbat grandstanding and their usual lies.


44 posted on 02/18/2019 7:11:12 PM PST by july4thfreedomfoundation (President Trump is right! The media IS the enemy of the people!)
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To: deport

Can you post a link to the complaint. I’d love to read their reasoning for standing and ripeness.


45 posted on 02/18/2019 7:12:32 PM PST by usnavy_cop_retired (Retiree in the P.I. living as a legal immigrant)
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To: samadams2000
Call the militia to the border. Ask the people to help.

I’m old Mr President. But I’m ready to serve.

46 posted on 02/18/2019 7:14:50 PM PST by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you .)
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To: Daniel Ramsey

“Along with Maine, California, and New York, the group of states also includes Delaware, Oregon, Hawaii, Colorado, Connecticut, Illinois, Maryland, Michigan, Minnesota, Virginia, Nevada, New Jersey, New Mexico.”


47 posted on 02/18/2019 7:17:52 PM PST by mass55th ("Courage is being scared to death, but saddling up anyway." ~~ John Wayne)
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To: gibsonguy

Roberts is Bush Jr’s neocon POS. ‘Obamacare is just a tax’ my butt.


48 posted on 02/18/2019 7:18:54 PM PST by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you .)
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To: usafa92

It should be filed in the DC Court if anywhere. Of course the liberals will pick the friendliest court. Another reason the 9th Circus should be chopped into smaller bits.


49 posted on 02/18/2019 7:19:32 PM PST by OrangeHoof (Trump is Making the Media Grate Again)
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To: deport

Fine. Trump will build first in Texas and Arizona since they weren’t plaintiffs.


50 posted on 02/18/2019 7:24:30 PM PST by OrangeHoof (Trump is Making the Media Grate Again)
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To: fhayek

I don’t recognize this country anymore. These liberal states are insane. I wonder if this is what the country was like pre-Civil War.


51 posted on 02/18/2019 7:26:25 PM PST by shanover (...To disarm the people is the best and most effectual way to enslave them.-S.Adams)
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To: usafa92

Non border states should have no standing. Texas is taking the brunt of this crap and we are tired of it.


52 posted on 02/18/2019 7:29:58 PM PST by Envisioning (Carry safe, always carry, everyday, everywhere.)
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To: mass55th

What, Mass is not in on this? Healey is not on the ball.


53 posted on 02/18/2019 7:31:56 PM PST by C210N (Republicans sign check fronts; 'Rats sign check backs.)
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To: usafa92

I’m opposed to this.
The attorney general did not receive my permission.
Why didn’t the taxpayers of these States get a chance to vote if President Trump should be sued or not?
Can we sue the AGs for misrepresenting us?


54 posted on 02/18/2019 7:32:23 PM PST by 1_Rain_Drop
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To: usafa92

Like sheep going to their slaughter. This is where the idiot libs are leading this country.


55 posted on 02/18/2019 7:34:19 PM PST by Old Yeller (Auto-correct has become my worst enema.)
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To: pke

16 states need to have there stars removed from our flag. In most sane cases they would have no status.


56 posted on 02/18/2019 7:37:53 PM PST by Mouton (The media is the enemy of the people.)
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To: 1_Rain_Drop

UH no. You can recall your AG, but he is most likely acting on orders from the governor or state legislature all of whom can be recalled.


57 posted on 02/18/2019 7:39:54 PM PST by morphing libertarian (Use Comey's Report; Indict Hillary now; build Kate's wall. --- Proud Smelly Walmart Deplorable)
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To: deport

That wall will stop all the Mexicans from entering Honolulu I guess


58 posted on 02/18/2019 7:44:05 PM PST by italianquaker
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To: Revel
“The litigation, brought before a federal trial court in the Northern District of California, seeks an injunction to prevent Trump from shifting billions of dollars from military construction to the border without explicit congressional approval.”

But they already did give their approval years ago when they passed a law giving him the authority. Trump also has the Constitutional authority to protect our nation from enemies foreign and domestic.

Thanks for posting what should be an obvious truth to the 9th Circuit Court. If the truth mattered to this court this could be over quickly.

Unfortunately ...

59 posted on 02/18/2019 7:45:12 PM PST by InterceptPoint (Ted, you finally endorsed. A)
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To: usafa92

Two points;
Point 1-
“The litigation additionally includes allegations that Trump is violating the National Environmental Policy Act, by planning to build a wall that could impact the environment without first completing the necessary environmental impact reports.”

From Feb 11, 2019-
“The 9th Circuit Court of Appeals ruled for the Trump administration Monday in a case challenging its use of waivers to bypass environmental regulations in constructing parts of the border wall.

Point 2-
“they allege, the federal funds could have been spent on their defense.”

This is dumbfounding, as the money Trump
wants to spend on the wall IS for their
defense...


60 posted on 02/18/2019 7:50:09 PM PST by Lean-Right (Eat More Moose)
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