Skip to comments.How to STOP the 16-state Democrat lawsuit
Posted on 02/19/2019 8:40:46 AM PST by 2harddrive
AGREED and AMEN! Thank you, Randy Miller from LinkedIn!
The ONE WORD that REQUIRES Donald J Trump to Declare a National Emergency on the border if Congress failed to follow through on their own border bills which they have not done:
Texas has a Supreme Court right under federalism under Article 4 Section 4 of the US Constitution as well as by Congressional Treaty (1845 Joint Resolution of Annexation of the Republic of Texas to the United States of America) to counter sue the states that do not wish to defend the border. Clearly Texas has been invaded. Statistical records from DPS proves this beyond a shadow of any doubt.
Texas has the superior interest over the 16 states that have sued the Executive Branch over the national emergency.
If Trump does not declare the emergency then the United States is in violation of its duties under the 1845 treaty and Article 4 Section 4 of the US Constitution.
The 16 states that have sued Trump have no standing on border matters. They have no authority whatsoever to challenge Executive Action on the border. If they choose to withhold support of the border then Texas must sue immediately to recoup damages including DPS wages for law enforcement.
LAW.CORNELL.EDU Welcome to LII We are a not-for-profit group that believes everyone should be able to read and understand the laws that govern them, without cost. We carry out this vision by:Publishing law online, for free.Creating materials that help people understand law.Exploring new technologies that make it easier for people...
It wouldn’t matter since THEY know everything. Just approach it like the demolibs. Court order? Pffffttttt. Ignore and proceed.
Cross the Rubicon.
They also cannot show that they have been "Hurt" by this action nor is there any reason to 'sue' as the only funds being used now are those actually appropriated by Pelosie's bill. IOW if the court uses actual law the states are way off base. 9th Circus? I don't know.
The US Code regarding national emergency declarations says the way to overrule them is through a joint resolution of congress. That eliminates the law suit option.
Yp8 can’t run a national emergency if every state or judge can take charge through fiat. That’s why it’s in the hands of 1 person, the commander-in-chief.
Trump should sep up and say the courts have no jurisdiction.
Imagine a border wall through California and new mexico and none in arizona because they don’t want one. How would that work?
Build the wall and tell the courts they are irrelevant according to the US Code.
I read in today’s local Gannett newsrag that New Jersey is among the states filing suit against a border wall. My question: How does NJ have standing to sue against something that does not affect us? Texas, New Mexico, Arizona, California maybe, but Jersey? Gimme a break!
Sounds good to me ..... but I know no law except the law of attraction.
.... nor is there any reason to ‘sue’ as the only funds being used now are those actually appropriated by Pelosie’s bill.
VA’s “blackface” AG is jumping in on the suit - it’s all a Dem political ploy to keep the radical left rabble happy (Trump actually outsmarted Pelosie) & a way to keep yelling about a “manufactured crisis”. No faith in the 9th circus, although Trump got a good ruling from a 9th 3-judge panel recently.
9th Circuit Sides With Trump On Environmental Waivers For Border Wall
Just heard Xavier Becerra Attorney General of California claim that trumps Act was unconstitutional but, admits he’ll lose in court
Doesn’t seem all that unconstitutional now does it
but, admits hell lose in court
Sounds like a misuse of court time to me.
It does not matter so long as all the nation including the Republicans and Trump himself accept that anything a judge says is Law and cannot be undone except by going to a higher level judge. The entire nation has long accepted that the Judiciary is the collective absolute ruler of the nation. We really do depend for our freedoms and prosperity, ultimately for our lives, on the Decisions and whims of five Justices on USSC. I don’t think Madison and Mason et al envisioned this. And we have to depend on a set of Justices who have historically tended to move left politically as their tenure progresses and they feel more and more their total power. It invites them to rearrange things to their own liking without having to wait for legislatures and such. Roberts is the current illustration. Earl Warren of yore was originally appointed as a conservative Justice. We see in history how that went. Never never does a Justice move in a rightward direction. Going left is much easier and more satisfying.
Their hatred of Trump has so blinded them to the reality that we are being invaded and our demise is imminent unless something is done.
How is this not one step closer to a civil war?
Oh no, enemies like Pelosi and Schumer do not see an invasion ... from behind the walls where they live.
How are the 16 states aggrieved?
No aggrieved. No standing.
How are the 16 states aggrieved?
Did you read the filing? All sixteen states claim they will be harmed if Federal money directed to each state under the appropriations passed by Congress is diverted to construction of the border barriers. Specifically mentioned is military construction and drug interdiction funds within each state.
Will this fly? I don't know. "If you don't bet, you can't win."
Nothing in the initial paperwork spells out the amount of pain involved, for each state. I guess that will come out during discovery.
Got that right...Texas has the most ongoing illegal immigration:
On a Typical Day in Fiscal Year 2017, CBP...
In FY 2018, an average of more than 33,000 were apprehended on the southern border EVERY month. A small cities worth of population, month after month after month after month.
**** Keep in mind, these numbers represent those who were caught. How many were not caught? ****
Southwest Apprehensions By Fiscal Year
|Sector||FY 2018||FY 2017|
|Big Bend TX||8,045||6,002|
|Del Rio TX||15,833||13,476|
|El Centro CA||29,230||18,633|
|El Paso TX||31,561||25,193|
|Rio Grande TX||162,262||137,562|
|San Diego CA||38,591||26,086|
|USBP Southwest Border Total||396,579||303,916|
Texas apprehensions FY 2018 - 250,342
Texas apprehensions FY 2017 - 207,693
Arizona apprehensions FY 2018 - 78,416
Arizona apprehensions FY 2017 - 51,504
California apprehensions FY 2018 - 67,821
California apprehensions FY 2017 - 44,719
Note: For the Las Cruces (NM) station, see El Paso Sector.
Do we know if anyone is trying to get an injunction to stop the construction of the wall or are they just filling a lawsuit and dealing with the ramifications later and thus allowing Trump to build the wall.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.