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Biden Dealt Major Blow as SCOTUS Orders Lower Court to Reconsider Border Wall Funding: 'Changed Circumstances'
western journal ^ | 10/5/2021 | Kipp Jones

Posted on 10/06/2021 1:07:01 PM PDT by Eddie01

The U.S. Supreme Court on Monday handed the Biden administration a stunning defeat with regard to construction on former President Donald Trump’s border wall, which currently sits incomplete as illegal immigrants continue to flood across the open border.

The country’s high court ordered lower courts to vacate previous rulings about the wall, citing “changed circumstances” in the case. Environmental activists, activist judges, Democrats in Congress and private law organizations such as the American Civil Liberties Union have of course opposed the wall since before concrete was ever poured.

[snip]

On appeal, the Ninth Circuit agreed with the lower court ruling to stop the project.

“This appeal presents the question of whether the emergency military construction authority provided by 10 U.S.C. § 2808 (“Section 2808”) authorized eleven border wall construction projects on the southern border of the United States,” the appeals court said. “We conclude that it did not. We also consider whether the district court properly granted the Organizational Plaintiffs a permanent injunction and whether the district court improperly denied the State Plaintiffs’ request for a separate permanent injunction”

Now, the Supreme Court is involved, and it’s vacated the district court ruling and ordered the appellate court to take another look at the cases.

[snip]

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


TOPICS:
KEYWORDS: biden; border; funding; scotus; wall
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1 posted on 10/06/2021 1:07:01 PM PDT by Eddie01
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To: Eddie01

“Changed circumstances????”


2 posted on 10/06/2021 1:08:44 PM PDT by goodnesswins (The issue is never the issue. The issue is always the revolyution." -- Saul Alinksy)
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To: Eddie01

What exactly does this mean? Does this mean that sometime in the coming century a court might rule to restart wall construction with those funds? What if the funds have been spent elsewhere in the interim?


3 posted on 10/06/2021 1:11:40 PM PDT by Reno89519 (Respect America, Embrace America, Buy American, Hire American.)
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To: Eddie01

A nothing burger


4 posted on 10/06/2021 1:12:41 PM PDT by PIF (They came for me and mine ... now its your turn)
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To: Reno89519
What exactly does this mean?

my simple understanding is we have to re-elect Trump to get this damn wall finished

5 posted on 10/06/2021 1:14:26 PM PDT by ghost of nixon
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To: PIF
SCOTUS punted as usual. Does anyone think this small setback will stop the Open Borders crowd? Hah! They are unrelenting like vampires and will never die until the Cross of Jesus is held before them and a wooden stake is driven through their hearts.

6 posted on 10/06/2021 1:21:26 PM PDT by Governor Dinwiddie (LORD, grant thy people grace to withstand the temptations of the world, the flesh, and the devil.)
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To: Eddie01

Ouch, that’s going to leave a mark on the big guys already damaged frontal lobe!


7 posted on 10/06/2021 1:25:29 PM PDT by patriot torch
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To: Governor Dinwiddie

I can only imagine Justice Thomas’s frustration on this court.


8 posted on 10/06/2021 1:28:12 PM PDT by 9YearLurker
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To: Eddie01

Yeah, what “changed” was the guy in the White House.


9 posted on 10/06/2021 1:28:57 PM PDT by dfwgator (Endut! Hoch Hech!)
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To: Eddie01

Let’s go Brandon!


10 posted on 10/06/2021 1:50:53 PM PDT by Kartographer
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To: Reno89519
"What exactly does this mean?"

It means nothing unless the approximately 800,000 migrant vermin that invaded the country since January are immediately deported and the border is once again closed...

Then the country can turn its attention to deporting the other 45-to-50 million invaders already infesting the country...

11 posted on 10/06/2021 1:54:35 PM PDT by SuperLuminal (Where is another Sam Adams now that we desperately need him?)
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To: Reno89519

It means the Ninth Circuit needs to change the ruling since 400,000 people are on the way to the US. Even the most liberal judge has to know it would destroy the US welfare system and there will be battles on the streets between starving ferals. You think Chicago is bad? Wait til you see Haiti in California.


12 posted on 10/06/2021 1:55:27 PM PDT by McGavin999 (To shut down the border tell the administration the cartel is smuggling Ivermectin )
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To: dfwgator
Yeah, what “changed” was the guy in the White House.

Yup. The issue is no longer useful to bash Trump and it now threatens the Dems. Time to get serious about it.

13 posted on 10/06/2021 2:00:26 PM PDT by Billthedrill
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To: Eddie01

The ruling is great but as long as the DemonRats occupy the White House even a finished border wall would be useless. There has to be the will to enforce the law.


14 posted on 10/06/2021 2:18:56 PM PDT by TigersEye (Resistance is not futile!)
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To: goodnesswins

Would I be wrong in surmising the that circumstance that has changed is the wall simply is no longer being built?


15 posted on 10/06/2021 2:19:30 PM PDT by phoneman08 (qwiyrqweopigradfdz oncmccRthym,.dadfjl,dz )
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To: Eddie01

Wasn’t building the wall put into law in 2005, but no President ever built it ?


16 posted on 10/06/2021 2:30:50 PM PDT by PMAS (Vote with your wallets, there are 80 million of us - No China made, No Amazon)
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To: ghost of nixon

And Trump or whoever gets our support and vote needs to promise to rescind all temporary or other status, plus, importantly, all work permits for anyone allowed into the US after entering illegally or who has stayed here illegally.


17 posted on 10/06/2021 2:41:41 PM PDT by Reno89519 (Respect America, Embrace America, Buy American, Hire American.)
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To: Eddie01

Day late and a dollar short after probably 3 million have already entered the US of Mexico.


18 posted on 10/06/2021 2:48:43 PM PDT by antidemoncrat (somRead more at: https://economicti)
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To: phoneman08
Would I be wrong in surmising the that circumstance that has changed is the wall simply is no longer being built?

Correct. The order issued this past Monday is essentially identical to an order issued by the Supreme Court back on July 2, 2021, in an analogous case involving the border wall. Now that the Biden administration has announced that the wall is no longer being built, the cases challenging the Trump administration's earlier funding actions regarding the wall have been rendered moot.

That explains, too, why the underlying federal court decisions have been vacated. That's pretty typical in these circumstances -- i.e., when an ongoing appeal is mooted out by changed circumstances, the underlying decisions from which the appeal is being taken are usually not allowed to stand.

This action by the Supreme Court this past Monday, as one poster earlier commented, a "nothing burger." Those (such as the "Western Journal") who are trying to paint this as some sort of defeat for, or "blow" to, the Biden administration are either shills, fools, or dumbbells. Sorry.

19 posted on 10/06/2021 2:53:15 PM PDT by DSH
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To: ghost of nixon

When the wall finally does get finished, it won’t be to keep illegals out, but to keep *us* in. I said it here first...I think.


20 posted on 10/06/2021 3:06:06 PM PDT by thescourged1
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