Odd that. It is 16 States that have filed suit.
This is Sparta?
Newscasters on channel 7 ABC Eyewitness News are wearing black...even the weather girl! Then she changed to dark red.
Mourning Ruth, now that the Weaver code tweet went out?
Or maybe Im just getting too Qd up.
the 16 states
FROM A FEW DAYS AGO:
This is very interesting. 3-D chess at its best.
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Wall Analysis: The Path Ahead (from Zen Master)
http://www.freerepublic.com/focus/news/3728223/posts?page=1
Posted on 2/16/2019, 5:45:24 AM by LS
My source on all things courts and legal, Zen Master, has weighed in with some excellent information on the path ahead for the Declaration of Emergency.
1. For a case to be heard, it must meet at least these three conditions: standing, ripeness, and aggrieved party.
First, standing: the DoE only affects four states: TX, NM, AZ, and CA.
Only a party in one of those four can bring a suit in the Ninth (CA/AZ), Tenth (NM), or Fifth (TX) Circuit Courts. But even before you can do that, you must be an aggrieved party, meaning you must show direct immediate harm from what is happening (i.e., building the wall). Watch how this plays out in a moment.
Now, its frequently argued here that a friendly party can bring a case immediately in a friendly venue (such as the Fifth, which is mostly GOP/conservative but not unanimous).
No. A court would view this as a type of fraud, since the two parties are considered friendly and would rule it an abuse of the court. It would be tossed. I dont know, but there might even be legal penalties for bringing such a suit.
Second, this is different from the Travel Ban, which was national and enabled a Hawaiian judge to put a stay on it. Again, this is region and state specific, meaning it will only affect the Ninth, Tenth, and Fifth-but not until the wall starts going up in those states.
Third, no challenge can be brought until a case is ripe. In OH, Gov. DeWine said he will sight the Heartbeat Bill, which PP will challenge. But he hasnt signed it yet, so there is no challenge yet.
No wall challenge can be made until the case is ripe, meaning until Trump ACTUALLY SPENDS DoE MONEY TO BUILD SOME OF THE WALL.
2. That brings us to the emergency declaration. Congress has already authorized, and Trump signed (which many of you did not want him to sign) a bill with $1.375b to start building the wall.
Trump has also invoked two statutes, 31 U.S.C. section 9705 and 10 U.S.C. section 284 to spend about $3.1b. These statutes dont require an emergency declaration.
There is a third statute, 10 U.S.C. section 2808 with $3.6b which does require an emergency declaration.
Heres the genius of how Trump is doing this: the money will be spent sequentially, with the $3.6b designated under 10 U.S.C. section 2808 (the national emergency money, if you will) spent last.
Trump will spend about $4.7b before he ever gets to the DoE money-and thats the only point at which that DoE can be challenged.
3. Now, there WILL be a Congressional challenge to the authority to do issue this declaration in DC almost immediately, and that (says Zen Master) will be struck down both on standing and ripeness grounds.
4. Go back to standing: the case cannot come up in the Ninth or Tenth Circuses until wall building WITH DoE $$ actually starts there.
Finally, precisely because Congress has just authorized $1.75b for the wall-regardless of the qualifiers-it cannot be argued that Trumps wall is something different (i.e, somehow unconstitutional). In other words, by passing the bill-and by Trump signing it-Congress just MADE IT 100% LEGAL.