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9th Circuit blocks emergency funding for border wall, as White House vows appeal
Fox News ^ | July 3, 2019 | Gregg Re

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 ...


TOPICS: Front Page News; News/Current Events
KEYWORDS: aliens; border; borderwall; clownbammyjudge; court; judiciary; smirkingchimpjudge; trump
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To: Innovative

In other historical news, the 9th circuit has blocked the D-Day invasion.


61 posted on 07/04/2019 7:26:17 AM PDT by headstamp 2
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To: mrsmith

That’s right: while Bush ‘appointed’, Dem Senators ‘selected and approved’ while that system was in place.


62 posted on 07/04/2019 8:13:51 AM PDT by alancarp (George Orwell was an optimist.)
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To: morphing libertarian

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.


63 posted on 07/04/2019 9:37:27 AM PDT by bakkentom
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To: Innovative

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.


64 posted on 07/04/2019 10:12:43 AM PDT by apoliticalone (Without freedom of speech we have no democracy and will lose all our freedoms.)
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To: Innovative

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.


65 posted on 07/04/2019 12:55:08 PM PDT by Secret Agent Man (Gone Galt; Not Averse to Going Bronson.)
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To: Secret Agent Man
If there is one failure for Donald Trump it has been the failure to secure our borders especially the southern border. Renegotiating trade deals and peace feeler's with the little fat man on nice, but aren't going to mean anything if hundreds of thousands of illegals are still streaming across the border.
66 posted on 07/04/2019 1:08:44 PM PDT by fatherofthree (Southern Border)
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To: Secret Agent Man

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.


67 posted on 07/04/2019 2:13:34 PM PDT by bakkentom
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To: kiryandil

I thought only active judges are on these 3 judge panels. Clifton and Randy Smith are senior status judges.


68 posted on 07/04/2019 3:12:23 PM PDT by bakkentom
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To: BenLurkin

69 posted on 07/04/2019 3:27:41 PM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change with out notice.)
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To: Revel
Lets do kind of like Alaska did. We can take the money for the wall out of the Federal court budget.

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.

70 posted on 07/04/2019 4:30:29 PM PDT by MikelTackNailer (NRT, NewRome Tacitus, just don't call me late to dinner.)
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To: Innovative

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.


71 posted on 07/04/2019 5:10:48 PM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: bakkentom

As I said congress failed to override


72 posted on 07/04/2019 5:56:32 PM PDT by morphing libertarian ( Use Comey's Report, Indict Hillary now; build Kate's wall. --- Proud Smelly Walmart Deplorable)
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To: Innovative

The 9th Circus was divided. Progress, but too little, too late.


73 posted on 07/05/2019 4:14:19 AM PDT by Eleutheria5 (If you are not prepared to use force to defend civilization, then be prepared to accept barbarism.)
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To: Innovative

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.


74 posted on 07/05/2019 5:41:34 AM PDT by crusher (GREEN: Globaloney for the Gullible)
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To: Innovative

They gotta do up briefs and a record first, and serve them on all the adverse and amicus parties. Appeals are ponderous things.


75 posted on 07/05/2019 5:56:49 AM PDT by Eleutheria5 (If you are not prepared to use force to defend civilization, then be prepared to accept barbarism.)
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To: Innovative
Seems like the 8 years Nobama was sitting on his DICKtator throne he changed something in the Judicial branch where a single CIRCUS can stand up and make a decision for all Circuses. Anyone know how he did that? This is a serious question and everyone I have asks either doesn't understand how I am asking it or doesn't have an answer. I live in AZ ruled by the most overturned Circus in the nation but if the 3rd Circus used to make a ruling we didn't give a crap out here in the West because it didn't affect us. NO MORE- now on little man in black can stand up and spew his liberal idea and the entire nation bows down. I DON'T KNOW WHAT CHANGED!!!!!!
76 posted on 07/05/2019 7:01:29 AM PDT by Cheerio ( #44, the UNKNOWN Manchurian Candidate)
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To: Ciaphas Cain

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.


77 posted on 07/05/2019 10:50:53 AM PDT by John S Mosby (Sic Semper Tyrannis)
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To: Innovative
SCOTUS better get back into session and rule on this. This is an emergency,

Partner, our patience is wearing thin on the 9th circuit ruling.

The 9th circuit court has their heads deep into their posteriors.

We have been waiting a very long time for this Southern Border Wall to be built in fact since 1986 and the U.S. House and Senate keeps defunding the Southern Border Wall. The Mexicans and all other Riff Raff will continue to come through our Southern Border. Mexico better hold up to its bargain. How many times have we the people heard this Bravo Sierra.

78 posted on 07/06/2019 9:17:11 PM PDT by TheConservativeTejano (God Bless Texas...)
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