Posted on 07/03/2019 7:05:51 PM PDT by Innovative
The 9th Circuit Court of Appeals on Wednesday upheld an injunction barring the Trump administration from repurposing approximately $2.5 billion in Pentagon money to the Department of Homeland Security to build a border wall with Mexico, prompting the White House to promise an immediate appeal.
A divided three-judge panel on the appellate court agreed with a lower court ruling that prevented the government from tapping Defense Department counterdrug money to build high-priority sections of wall in Arizona and New Mexico.
In February, Trump ended a 35-day government shutdown after Congress gave him far less than he wanted. He then declared a national emergency that the White House said would free billions of dollars from the Pentagon.
In its ruling, the 9th Circuit panel noted that Section 8005 of the Department of Defense Appropriations Act of 2019 "authorizes the Secretary of Defense to transfer funds for military purposes if the Secretary determines that the transfer is 'for higher priority items, based on unforeseen military requirements' and 'the item for which funds are requested has [not] been denied by the Congress.'"
(Excerpt) Read more at foxnews.com ...
In other historical news, the 9th circuit has blocked the D-Day invasion.
That’s right: while Bush ‘appointed’, Dem Senators ‘selected and approved’ while that system was in place.
Read post 19. An emergence declaration was not overridden by Congress. Judiciary response was neutered by that 1974 law. There is no justification by any court decision to block any wall construction.
I call them anti-Americans. They need to call an emergency session of SCOTUS. We can’t allow three liberals from California to determine national emergencies.
The 9th circuit doesn’t have national jurisdiction.
We need to stop treating lowercourts like they have nationwide power. They don’t and never have.
With this injunction from the 9th freak show the 46 miles of NM wall from Santa Teresa port of entry to Columbus port of entryis in 10 Circuit territory.
At minimum would continue with this and publicize the 9th Ckt being invalid outside of their jurisdiction. Let courts continue on 9th until Supreme Court resolves.
If Supremes say no then go ahead with wall projects using all 2.5 billion in question.
Or redirect those suspended CA and AZ wall projects to TX and NM now.
I thought only active judges are on these 3 judge panels. Clifton and Randy Smith are senior status judges.
In the original "Walking Tall" Sheriff Pusser learned he had say over judiciary offices. He promptly put a corrupt judge's chambers in a men's restroom.
Well, simply take the budget for the federal courts and use the money to fund the wall, since they like to have such a say in it, they can pay for it.
As I said congress failed to override
The 9th Circus was divided. Progress, but too little, too late.
The Trump Administration should not appeal. They should ignore, and promise the judges that if they continue to act on matters outside their jurisdictions, they will be ignored some more. This arena is Trump’s biggest shortcoming IMHO.
They gotta do up briefs and a record first, and serve them on all the adverse and amicus parties. Appeals are ponderous things.
It’s Andrew Jackson time. In other words, the words and actions of Jackson: Andrew Jackson, “John Marshall has made his decision — now let him enforce it.”
In the nation’s evolving belief that the US Supreme Court has the authority to decide whether laws are constitutional, the lower courts are going WAY past this lower court function and delving into the minutiae of Article 2 power. Not “dilineating and controlling the purposed expenditure appropriated by Congres which is for national defense in it’s final Executive assessment of need.” The judges cannot be AUDITORS of the Defense Dept. We have those.
And Trump should IGNORE this— just as obamaomau ignored decades of US Sovereign Treaty law— to get the Hague Court decision on a non-delivered weapons payment from the Shah’s Iranian govt. PAID back to the Mullahs who deposed him. We have never honored the debts of different sovereign governments— not since Washington and France’s Directory after the US Revolution. So obamaumao and his Rothschild buddies in Switzerland to come up in foreign currency— the 1.3 Billion payoff— for uranium bought from the Russians, and stolen from .... us.
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