Posted on 07/12/2019 4:07:47 PM PDT by jazusamo
The Trump administration on Friday asked the Supreme Court to intervene and issue an order that would allow it to move forward and use military funds for a wall on the southern border.
In the filing, the administration asked the court to lift a district court order that placed a permanent injunction on the Trump administration’s diversion of some military funds for the border wall.
Solicitor General Noel Francisco wrote in his filing that he is asking for the justices to issue an “immediate administrative stay” of the injunction, as the Department of Justice appeals it to the Ninth Circuit.
The request came after the Ninth Circuit Court of Appeals ruled last week to not issue a stay on District Judge Haywood Gilliam’s order blocking officials from using some of the diverted military funds for the wall construction.
The panel of judges overseeing the appeal wrote in the 2-1 ruling that “the use of those funds violates the constitutional requirement that the Executive Branch not spend money absent an appropriation from Congress.”
And the majority opinion stated that there is a “strong likelihood” that the groups opposing the diversion of the Defense Department funds toward the border wall would succeed in their efforts.
The Supreme Court is on recess until October, but does release orders during the summer months.
In the filing, Francisco argues that the lower court’s findings that the Defense Department could not transfer the funds to the Department of Homeland Security and that the groups could bring forward the lawsuit are “demonstrably incorrect.”
"At a minimum, the lopsided balance of the equities favors staying the injunction pending appeal. Respondents’ interests in hiking, birdwatching, and fishing in designated drug-smuggling corridors do not outweigh the harm to the public from halting the government’s efforts to construct barriers to stanch the flow of illegal narcotics across the southern border,” the document states.
In a series of statements, the groups challenging the use of DOD funds for a border wall said they are determined to continue their legal fight.
“The courts have twice ruled against Trump’s requests to stay this important court order stopping construction of his ruinous wall. Now he is asking the Supreme Court to step in and save his wall, but we will continue to vehemently fight these tactics,” Gloria Smith, the managing attorney for the Sierra Club, said in a statement.
And Dror Ladin, an ACLU staff attorney who has argued the case in court, said that the groups will “continue to defend the Constitution’s clearly defined separation of powers, which the Supreme Court has recognized for centuries.”
Trump declared a national emergency earlier this year to tap the military funds for a border wall at the end of a record 35 day-long government shutdown that centered around border security funds.
He has faced several lawsuits, including the one now being taken up to the Supreme Court, challenging the use of the military dollars for the wall.
i really do think PDJT should just DO it
since defense of our borders is SO CLEARLY within his powers as POTUS/CinC... AND DUTIES OF OFFICE
all these delays are unnecessary when it comes to THIS issue in particular
going along with all the judicial delaying on most other issues makes some legal sense, alas! (the worst of the commie judges need to be impeached and removed!)
He declared an emergency and the congress didn’t override. WTH is he doing going to the court. Implement your emergency response and tell the court they have no role in Emergency responses according to the law of 1974 re emergency decs.
So here we are at the mercy of the back stabbing traitor Roberts again. And when he screws us it will be the end of the line because border enforcement authority has been ceded to the Judiciary from the executive branch, just great. At that point I don’t see how Trump can do anything but shrug and say I tried.
Did Truman have to check with Harlan Stone to drop the bomb?
If not, how come Don Trump has to check with these guys to secure the border?
This is a no brainer. But that’s what John Roberts lacks. And a spine.
Why don’t we amend the Constitution and just have all federal judges and Supremes officially assume the duties of Congress?
The black robes run the country anyway it seems.
And for one reason and one reason only - because we allow it. How they got to be the final arbiter in every area of our life is beyond me.
We all know where the other eight stand.
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I think PDJT is being very cautious about committing to any action that may be ruled unconstitutional by the Obama SCOTUS since there are probably enough RINOs to vote for impeachment in the house and for conviction in the senate.
I am afraid this is not the most convincing argument. Not that I personally disagree and I don't know all the legalities involved. But it would seem to me the most convincing argument would be to use the DoD funds to, you know, defend the country from foreign hostiles.
Of course it is immoral to let the situation - drugs and drug deaths, rape of women, sexual exploitation of children, kidnapping, overcrowding of the system - continue unabated. But why transfer funds from DoD to DHS anyway? Have the DoD allocate it directly for defense, period. Surely POTUS and the DoD don't need a specific allocation for the defense of the nation from terrorists and saboteurs who might exploit weaknesses in our defense.
But your point is spot on and what I wrote above. Seems the legalities (at least according to the judge) is in part because POTUS wants to move money from Defense to Homeland Security. So my question - similar to yours - is why do that at all? Why not just defend the country and have Defense Department do the job?
You are right, there is no better use for defense funds than to use them to defend the country.
expect betrayal from traitor Roberts - he has his globalist marching orders
this really should be a no-brainer.
a district judge cannot be allowed to micromanage the executive branch.
Were the sailors who tried to shoot down the Japanese aircraft at Pearl Harbor punished for using “un-budgeted” bullets?
Don’t give them any ideas!
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