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New York, California, 14 other states sue Trump in Ninth Circuit over emergency declaration
Fox News ^ | 2/18/2019 | Fox News

Posted on 02/18/2019 6:38:41 PM PST by 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.

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


TOPICS: Breaking News; Constitution/Conservatism; News/Current Events; Politics/Elections
KEYWORDS: border; braking; buildthefence; daca; dreamact; dreamers; emergency; emergencydeclaration; liberals; ninthcircus; theleft; trump; wall
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To: Svartalfiar

Uh yes they are since then and before. 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

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.

That can be accomplished by the governor talking to the senators and asking them to vote against of the governor is so include. Not ask your AG to file law suit to stop national emergency. .


81 posted on 02/18/2019 8:58:49 PM PST by morphing libertarian (Use Comey's Report; Indict Hillary now; build Kate's wall. --- Proud Smelly Walmart Deplorable)
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To: veracious
As has been noted elsewhere,

These people are stupid.

82 posted on 02/18/2019 9:06:16 PM PST by grey_whiskers (The opinions are solely those of the author and are subject to change with out notice.)
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To: usafa92

I guess now at some point we’re going to see what side John Roberts is really on.


83 posted on 02/18/2019 9:15:59 PM PST by Bullish (My tagline ran off with another man.)
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To: morphing libertarian

Thanks for all that.


84 posted on 02/18/2019 9:25:46 PM PST by Bullish (My tagline ran off with another man.)
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To: eyeamok

You mean the Islamic puppet known as Barry?


85 posted on 02/18/2019 9:28:47 PM PST by Bullish (My tagline ran off with another man.)
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To: Bullish

I can read and think but not a constitutional professor like Imam Obama


86 posted on 02/18/2019 9:40:55 PM PST by morphing libertarian (Use Comey's Report; Indict Hillary now; build Kate's wall. --- Proud Smelly Walmart Deplorable)
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To: Daniel Ramsey
"Blue states, right?"

At the linked news article:

"....In addition to Maine, California, and New York, the group of states also includes Delaware, Oregon, Hawaii, Colorado, Connecticut, Illinois, Maryland, Michigan, Minnesota, Virginia, Nevada, New Jersey, New Mexico."

87 posted on 02/18/2019 9:52:35 PM PST by Sa-teef
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To: fhayek

So theses states WANT to be overrun by unskilled, unsophisticated illiterates who will overtax our health care, education, welfare and prisons systems?

(No, the government workers and teachers and democrat politicians want to be overrun by unskilled, unsophisticated illiterates who will overtax our health care, education, welfare and prisons systems - It’s job security.)

What do they like? The fact that they will speak Spanish, and only Spanish?

(The problem is NOT Mexico or any other spanish speaking country. And implying that only gives the left fuel to their “racist” accusations. The problem is OUR government’s failure to enforce the immigration laws in the books)

That they will bring drugs, disease and gang violence into every neighborhood in America?

(Not if the US Government enforced the laws in the books. The law is, apply for a VISA in your home country, attend an interview at the US Embassy in your home country and if accepted you get a VISA - That’s the law and exactly what Donald Trump supports.

That they will undercut American workers’ wages? What? What am I missing?

(You’re missing the fact that the leftist democrats have always fought to legalize some sort of legal slavery. The truth is, the American worker is not the only victim in this, the unfair low wages of the illegals allowed to be here are the victims and they are being victimized before our very eyes. There are mothers giving their teenage daughters birth control pills before joining the caravans knowing that their daughters will be raped. This is unacceptable that our representatives are allowing this to happen. These illegals are victims - they are the victims of the left. They must be stopped at the border BEFORE coming in. Money being sent to Mexico and a few other Central American countries need to be taxed 60%.

Other victims are those people in all the other countries doing it the right way and applying for VISAs and being told they need to prove they are so rich that they will not overstay their VISA. If our laws were enforced, they would not be required to own a lot of property and have tons of money in the bank so much that they would never leave it all behind and refuse to return to their country. If we enforced the laws, tracked VISA holders making sure they return and if they don’t immediately deport them we would not have this problem. What Donald Trump is trying to do is already in the law books. It is Donald Trump who is actually very pro-immigration and the Susan Collins/Nancy Pelosi who are hurting the immigration system in the USA. They need to be told this and be exposed. Donald Trump does, however, need to stop chain migration, the lottery system and require e-verify and his justice department needs to be going after any business hiring illegals.


88 posted on 02/18/2019 9:59:13 PM PST by tsowellfan
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To: usafa92

How can states where no new walls have been built, and non-border states, file suit?


89 posted on 02/18/2019 10:04:15 PM PST by SecAmndmt (Arm yourselves!)
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To: usafa92

Meanwhile the ‘wall’ keeps going up...just ‘finished’ another 20 Miles on the New Mexico border! .....as long as they’re in litigation the work on building cannot be stopped as I understand it.


90 posted on 02/18/2019 10:20:29 PM PST by caww
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To: ProudFossil; All

I am not sure that Obama’s 2011 actions involved spending money for his ideas that Congress had voted should be used in an unrelated area.


91 posted on 02/18/2019 10:27:03 PM PST by gleeaikin
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To: usafa92

Did Mexico sue him? How about Honduras? Anyone else? This is getting outrageous. Our President can’t even go to the restroom without getting sued. I am getting sick and tired of the commie a**holes....


92 posted on 02/18/2019 10:54:08 PM PST by tallyhoe
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To: Texas resident

That’s dead on. I thought secession could work back around 2010 but the recession moved so many Yankees down here that there’s no way a vote would win today. If Cali wants to Brexit, I hope they do and then we can build the wall across the Sierra Nevadas.


93 posted on 02/18/2019 11:27:21 PM PST by OrangeHoof (Trump is Making the Media Grate Again)
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To: morphing libertarian; Ohioan; Pelham

I’m pinging a lawyer but seeking court injunction in cases of national security is not new

I think FDR was challenged on internment and Bund restrictions....and prevailed ....Koretmasu....or something like that

And the Pentagon Papers

And so forth

Maybe even the Bombing of Cambodia....yes it did happen

I think what is new is how district federal judges now routinely issue blanket injunctions for the entire US jurisdiction rather than just their own

Congress has tried and failed to legislate control over that

Trump DOJ should do their legal maneuvering first in New Orleans federal court where sympathetic judges in the fifth circuit from southern states can likely rule his way


94 posted on 02/18/2019 11:41:01 PM PST by wardaddy (Progressive winter is coming.)
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To: usafa92

“In addition to Maine, California, and New York, the group of states also includes Delaware, Oregon, Hawaii, Colorado, Connecticut, Illinois, Maryland, Michigan, Minnesota, Virginia, Nevada, New Jersey, New Mexico.”

Virginia has become one POS state under these filthy dems.


95 posted on 02/19/2019 1:26:35 AM PST by ScottinVA (The most urgent gathering threat to America: the Democrat Party.)
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To: ScottinVA

Virginia has become one POS state under these filthy dems.

I see Virginia Governor Coonman has survived and returned to his virtue signaling ways.


96 posted on 02/19/2019 1:30:24 AM PST by Flick Lives
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To: Flick Lives

“I see Virginia Governor Coonman has survived and returned to his virtue signaling ways.”

Yep. For a democrat, all that’s necessary to get out of trouble is to apologize and double down on leftist ideology. Fairfax never had to even apologize; he just denied the rape allegations and it all went away. This country is far more forgiving to liberals for their misdeeds than to conservatives.


97 posted on 02/19/2019 1:34:50 AM PST by ScottinVA (The most urgent gathering threat to America: the Democrat Party.)
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To: morphing libertarian
Trump should tell the judiciary they have no role.

The moment I am waiting for is when PDJT goes and tells them to FOAD.

98 posted on 02/19/2019 1:35:30 AM PST by eartick (Stupidity is expecting the government that broke itself to go out and fix itself. Texan for TEXIT!)
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To: usafa92

Let’s build walls around all the red states.

Let’s settle at risk white South Africans in purple states.

Expensive,YES. But far cheaper than putting millions of illegals on welfare rolls.


99 posted on 02/19/2019 2:09:23 AM PST by Bobalu (12 diet Cokes and a fried chicken...)
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To: chief lee runamok
Canadians are trash, with their beady eyes and flapping heads...


100 posted on 02/19/2019 2:34:27 AM PST by EEGator
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