Posted on 06/26/2020 11:50:57 AM PDT by where's_the_Outrage?
A federal appeals court decided 2-1 Friday that the Trump administration violated the law when it used military funds to build a wall on the Mexican border.
The U.S. 9th Circuit Court of Appeals said the power of the purse belongs to Congress, and the administration lacked constitutional authority to transfer the military money. Two Democratic appointees were in the majority. A Trump appointee dissented.
(Excerpt) Read more at msn.com ...
“The left is not going to let up until a vast majority cries Uncle.”
The majority cried uncle a long time ago. It’s been a total romp fest for the left the past 4 decades or so.
Give me one cultural battle that we on the right have won.
As surprisingly mentioned in the MSN article, last summer SCOTUS blocked the district court injunction from using the funds. SCOTUS said they could continue using the money and building the wall pending appeal. Not surprisingly, the 9th Circuit agreed with the District Court so the injunction is on again.
SCOTUS was 4-5 Decision along predictable party lines. (Oh, I forgot; they are non-partisan!) Decent sign they might overrule the 9th, unless Roberts think it will make him look bad. Post-election likely.
July 27, 2019
WASHINGTON (AP) The Supreme Court cleared the way for the Trump administration to tap billions of dollars in Pentagon funds to build sections of a border wall with Mexico.
The courts five conservative justices gave the administration the green light on Friday to begin work on four contracts it has awarded using Defense Department money. Funding for the projects had been frozen by lower courts while a lawsuit over the money proceeded. The courts four liberal justices wouldnt have allowed construction to start.
The justices decision to lift the freeze on the money allows President Donald Trump to make progress on a major 2016 campaign promise heading into his race for a second term. Trump tweeted after the announcement: Wow! Big VICTORY on the Wall. The United States Supreme Court overturns lower court injunction, allows Southern Border Wall to proceed. Big WIN for Border Security and the Rule of Law!
The Supreme Courts action reverses the decision of a trial court, which initially froze the funds in May, and an appeals court, which kept that freeze in place earlier this month. The freeze had prevented the government from tapping approximately $2.5 billion in Defense Department money to replace existing sections of barrier in Arizona, California and New Mexico with more robust fencing.
The case the Supreme Court ruled in began after the 35-day partial government shutdown that started in December of last year. Trump ended the shutdown in February after Congress gave him approximately $1.4 billion in border wall funding. But the amount was far less than the $5.7 billion he was seeking, and Trump then declared a national emergency to take cash from other government accounts to use to construct sections of wall.
The money Trump identified includes $3.6 billion from military construction funds, $2.5 billion in Defense Department money and $600 million from the Treasury
https://apnews.com/5d893d388c254c7fa83a1570112ae90e
This gets to ‘call it a tax’ Roberts so he can betray us once again,
The DoJ solicitor argues that the border wall is a defensive fortification. President is CiC... case closed.
Typical politically partisan decision 2 Dem judges vs 1 Republican judge.
Another appeal to the Supreme Court to overturn the 9th Circuit partisan decision like so many other they have overturned.Rinse and repeat
Will there be another Writ of Mandamus in our future?
But it was perfectly ok when Secretary of State Hillary Clinton lost $6-billion dollars that was never accounted for.
en banc?
LOL
WTF ever
“The U.S. 9th Circuit Court of Appeals said the power of the purse belongs to Congress, and the administration lacked constitutional authority to transfer the military money.”
Yes, and NO. The power of the purse, the power to allocate the money, to open the purse and distribute the money, belongs to Congress. No additional money was allocated by the Executive Branch. The power of the purse was not abrogated or interfered with, in any way.
The money had been already transferred TO the Executive Branch, of which the Defense Department is part. The Executive Branch then took the money they had been allocated, and applied it to the purpose the Executive determined to be the most important and necessary. The purpose of the Defense Department is to defend the country, in this case the borders of the continental United States. Building the Wall is the action serving that purpose. That issue is not and has never been disputed.
What is happening is that the Appeals Court, the Judicial Branch, is violating the constitutional separation of powers, either with their ruling, which abrogates the Executive’s duty and responsibility to make decisions that defend the country, or by falsely granting Congress, the purse holders, with the specific power and responsibility of earmarking the use of or denying such use of the money for a given purpose. That is the Executive’s decision, ultimately and finally.
We are being lied to by leftist jurists, as usual.
“Just curious wonder where Obama got all that money to give to Iran on the pallets on the private jet”
Have you ever wondered how much of that “cash” was kicked back to obama? Who counted it at the source and the delivery?
Real imporant SHIT to take up and be ruling on iin times like this! With CJ Johnny ‘Boy is my closet full of skeletons’ Roberts on the bench, no way to know how this ends up!
I read a while back that something like 94% of the 9th Circuit opinions that made it to SCOTUS were overturned (not a math major so I don't know how that equates to a batting average 😉).
Maybe that pallet of cash, of OURS, is what's funding these riots/leftist destrucion groups. 😡
I agree, en banc is the way to go and I believe the newly-constituted 9th Circus could well support the use of the ‘defense’ funds.
It goes to the full 9th Circuit next.
Say their names.
Rapin Bill "judge" Sidney Thomas and Rapin Bill "judge" Kim McLane Wardlaw out-voted Trump judge Daniel Collins.
Because that's where we're at in this country - Resistance "judges" flipping off the Supreme Court [Supreme Court: Trump can use Pentagon funds for border wall] to impede the governance of the United States.
Judges: 29 Circuit Justice: Elena Kagan Chief Judge: Sidney R. Thomas en banc panel: 11 judges Next Chief Judge: Mary H. Murguia? 2021? ================== Age Title Judge Duty station Born Term of service Appointed by 66 Chief Judge Sidney R. Thomas Billings, MT 1953 1996present &2014present Clinton 70 Circuit Judge Susan P. Graber Portland, OR 1949 1998present Clinton 68 Circuit Judge M. Margaret McKeown San Diego, CA 1951 1998present Clinton 65 Circuit Judge Kim McLane Wardlaw Pasadena, CA 1954 1998present Clinton 74 Circuit Judge William A. Fletcher San Francisco 1945 1998present Clinton 73 Circuit Judge Ronald M. Gould Seattle, WA 1946 1999present Clinton 72 Circuit Judge Richard Paez Pasadena, CA 1947 2000present Clinton 74 Circuit Judge Marsha S. Berzon San Francisco 1945 2000present Clinton 67 Circuit Judge Johnnie B. Rawlinson Las Vegas, NV 1952 2000present Clinton 69 Circuit Judge Consuelo Callahan Sacramento, CA 1950 2003present G.W. Bush 77 Circuit Judge Milan Smith El Segundo, CA 1942 2006present G.W. Bush 65 Circuit Judge Sandra Segal Ikuta * Pasadena, CA 1954 2006present G.W. Bush 59 Circuit Judge Mary H. Murguia Phoenix, AZ 1960 2011present Obama 58 Circuit Judge Morgan Christen Anchorage, AK 1961 2012present Obama 54 Circuit Judge Jacqueline Nguyen Pasadena, CA 1965 2012present Obama 52 Circuit Judge Paul J. Watford Pasadena, CA 1967 2012present Obama 72 Circuit Judge Andrew D. Hurwitz Phoenix, AZ 1947 2012present Obama 48 Circuit Judge John B. Owens San Diego, CA 1971 2014present Obama 47 Circuit Judge Michelle Friedland San Jose, CA 1972 2014present Obama 66 Circuit Judge Mark J. Bennett * Honolulu, HI 1953 2018present Trump 46 Circuit Judge Ryan D. Nelson * Idaho Falls, ID 1973 2018present Trump 44 Circuit Judge Eric D. Miller * Seattle, WA 1975 2019present Trump 54 Circuit Judge Bridget Shelton Bade Phoenix, AZ 1965 2019present Trump 56 Circuit Judge Daniel P. Collins * Pasadena, CA 1963 2019present Trump 44 Circuit Judge Kenneth K. Lee * San Diego, CA 1975 2019present Trump 40 Circuit Judge Daniel Aaron Bress * San Francisco 1979 2019present Trump 42 Circuit Judge Danielle J. Hunsaker * Portland, OR 1977 2019present Trump 41 Circuit Judge Patrick J. Bumatay * San Diego, CA 1978 beg. 2019 Trump 47 Circuit Judge Lawrence VanDyke * Reno, NV 1972 beg. 2020 Trump ========================= 96 Senior Circuit Alfred Goodwin Pasadena, CA 1923 19711991 1991present Nixon &19881991 91 Senior Circuit John Clifford Wallace San Diego, CA 1928 19721996 1996present Nixon &19911996 79 Senior Circuit Mary M. Schroeder Phoenix, AZ 1940 19792011 2011present Carter &20002007 89 Senior Circuit Joseph Jerome Farris Seattle, WA 1930 19791995 1995present Carter 91 Senior Circuit Dorothy Wright Nelson Pasadena, CA 1928 19791995 1995present Carter 88 Senior Circuit William Canby Phoenix, AZ 1931 19801996 1996present Carter 82 Senior Circuit Diarmuid O'Scannlain Portland, OR 1937 19862016 2016present Reagan 90 Senior Circuit Edward Leavy Portland, OR 1929 19871997 1997present Reagan 80 Senior Circuit Stephen S. Trott Boise, ID 1939 19882004 2005present Reagan 82 Senior Circuit Ferdinand Fernandez Pasadena, CA 1937 19892002 2002present G.H.W. Bush 74 Senior Circuit Andrew Kleinfeld Fairbanks, AK 1945 19912010 2010present G.H.W. Bush 74 Senior Circuit Michael Daly Hawkins Phoenix, AZ 1945 19942010 2010present Clinton 85 Senior Circuit A. Wallace Tashima Pasadena, CA 1934 19962004 2004present Clinton 68 Senior Circuit Barry G. Silverman Phoenix, AZ 1951 19982016 2016present Clinton 80 Senior Circuit Raymond C. Fisher Pasadena, CA 1939 19992013 2013present Clinton 66 Senior Circuit Richard C. Tallman Coeur d'Alene 1953 20002018 2018present Clinton 69 Senior Circuit Richard Clifton Honolulu, HI 1950 20022016 2016present G.W. Bush 66 Senior Circuit Jay Bybee Las Vegas, NV 1953 20032019 2019present G.W. Bush 85 Senior Circuit Carlos Bea San Francisco 1934 20032019 2019present G.W. Bush 70 Senior Circuit N. Randy Smith Pocatello, ID 1949 20072018 2018present G.W. Bush
& denotes Chief Judge of the Court
* denotes Federalist Society member
By definition, Tax monies that are used to build the physical barrier between nations has to be “military money”.
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