New York, California, 14 other states sue Trump in Ninth Circuit over emergency declaration

Fox News ^ | 2/18/2019 | Fox News

[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.

[EEGator]

Maybe he got drunk and drove he and his secretary off a bridge. Or maybe he killed a 14 y/o with a golf club...

[Bookshelf]

Let’s get it over with. Cede Maine to Canada in return for Alberta.

[LibWhacker]

Tell New York, California, 14 other states AND the Ninth Circuit to pound sand. I’m serious; ignore them.

[Dusty Road]

Just an old oilfield hand in west Texas but don’t you have to be able to show you were or will be damaged to file suit? Since the Fed’s have a 60 or 90 ft right away with an existing fence in place from El Paso to the west coast I see no damage there. How does fixing or rebuilding an existing fence create damage? Texas is a whole different story with mostly private land that goes to the waters edge, the actual border line is the middle of the river. This is why I’ve always said they’ll never fence of the Texas southern border.

[FrdmLvr]

Michigan is one.

[ronnie raygun]

Time to throw down the gauntlet! release the docs un redacted, the American people want and should know the truth. We need to send a strong message, we need to put those responsible away for good

[Svartalfiar]

You are confusing how they are appointed with whom or what they represent. Each state gets two of them in case you’re not familiar

And each State gets a certain number of Reps in the House as well, but that doesn't mean they also represent the State just because that's where they are from. States do not vote for their Senators, so how can you say they are represented by them? States have no control over their Senators, aside from Govs sometimes appointing one temporarily. So those represent the Gov office, not the State. Why do you think so much has been passed that heavily infringes on state sovereignty? With yelling from a bunch of States, opposite what their Senator voted?

The point is the state’s recourse on an emergency declaration is to have their senators vote for a joint resolution to overrule the president. And the house has to do the same.
Not ask your AG to file law suit to stop national emergency. .

Yes, of course. But to liberals, just about everything nowadays begins and ends with the Ninth Circuit. With luck, Ginsberg will go away before this gets too far, cause who knows how Roberts will go these days.

[Califreak]

[New Jersey Realist]

Obama sent troops to the border but he never declared it a national emergency.

[Jane Long]

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

---

It used to be that native Hawaiians were the majority of hotel employees, in Hawaii. The last time we visited, which wasn’t long after 0’s import the invaders note/EO, we noticed that the majority of food service workers were from Central America.

They certainly didn’t pay a coyote to get them to Hawaii.

Thanks, 0zero...for flying third world invaders TO HAWAII, on our tax $$.

[MrRelevant]

Its my understanding Trump has around 5b for wall money (1.4b budget bill and 2-3b other money derived for other statutes he has already cited) not including the emergency funds he intends to claim. So while these guys fight over the emergency, the wall will be getting built. Once the courts have decided the emergency declaration is in fact 100% acceptable, the military and billions more will pour in to supercharge the walls progress.

[ProudFossil]

For all you dims who are saying Obama never did a national emergency about the southern border here is the FACT.

July 25 2011. Made against the Mexican Cartels, confiscating property and prohibiting entry into the US.

As to the question of wether the president can declare a national emergency Clinton, Bush W, and Obama did it 28 times. Of the 13 times Obama did it, 11 of them are still in effect. One of these was about the water condition of one city, Flint, Michigan. That was a national emergency?

[patriotspride]

Great point on as long as they are in litigation. So the 9th files their injunction. The same day the presidents lawyers file appeal and nothing changes till weasel Roberts shows his hand ?

[deport]

Several locations on the net but here is one

https://oag.ca.gov/system/files/attachments/press_releases/Multistate%20Emergency%20Declaration%20Lawsuit%20.pdf

[deport]

Here’s a link from the first paragraph of the article you posted from.

https://www.scribd.com/document/399944861/State-of-CA-Et-Al-vs-Trump-Et-Al-CASE-319-Cv-00872

[RipSawyer]

“If he cannot build more than 55 miles, he will not be re-elected.”

So, people who voted for Trump to build the wall will turn against him and vote for a lying democrat who KEPT Trump from building more than 55 miles? I have a hard time buying that. The only way I can imagine my NOT voting to reelect Donald Trump is either that he is not on the ballot or I am not able to vote and I am one who thought just a few years ago that the idea of Donald Trump being president was absurd.

[july4thfreedomfoundation]

80% of Maine....the Second Congressional District, the largest CD in area east of the Mississippi....went for Trump by 10 points.

Candidate Trump, Don Jr., Eric, Eric’s wife Lara visited a number of times during the campaign.

Maine is more pro-second amendment than Texas.

How ‘bout we trade your state to Canada for Alberta?

[deport]

I have a hard time buying that.

************

I agree with that. The President is limited in what he can
do lots of times by either judicial or legislative rules. We
don’t have a one man dictatorship thank goodness.

[july4thfreedomfoundation]

You should have heard Maine talk radio this morning.

People were calling in and were highly pissed off about Maine’s new attorney general joining the lawsuit.

[Georgia Girl 2]

I don’t think a state can sue unless the wall is actually being built within its borders. And Trump would have to be using the unallocated funds which he has not yet dipped into. So these states have no standing.