Posted on 10/10/2020 10:44:39 AM PDT by BeauBo
The 9th Circuit Court of Appeals on Friday ruled that President Trumps use of emergency powers to allocate millions of dollars in funding for the construction of a southern border wall was illegal, the latest blow to the Trump administrations effort to limit immigration.
In the 2-1 decision, the court upheld a December 2019 district court summary judgment in favor of a request from the advocacy groups the Sierra Club and the Southern Border Communities Coalition against Defense Secretary Mark Esper, acting Homeland Security Secretary Chad Wolf and all persons acting under their direction ... from using military construction funds appropriated for other purposes to build a border wall.
(Excerpt) Read more at thehill.com ...
https://cdn.ca9.uscourts.gov/datastore/opinions/2020/10/09/19-17501.pdf
The Usual Suspects:
Appeal from the United States District Court for the Northern District of California Haywood S. Gilliam, Jr. [Odiousbama judge], District Judge, Presiding Argued and Submitted March 10, 2020 San Francisco, California BEFORE: Sidney R. THOMAS [RapinBill judge], Chief Judge, and Kim McLane WARDLAW [RapinBill judge] and Daniel P. COLLINS [Trump judge - the dissenter], Circuit Judges Opinion by Chief Judge Sidney R. Thomas; Dissent by Judge Collins
“I thought that this had already been decided by the courts”
There have been a series of lawsuits, by different parties, on different grounds, to halt border wall construction.
The common theme is a District Court, or a Circuit Court, attempting to veto the President’s actions with an immediate effect.
The Supreme Court has twice ruled that such injunctions will NOT go into immediate effect, until all appeals are exhausted, and any ruling is final. So they are likely to quickly suspend this injunction as well.
The Supreme Court has not yet ruled on the merits of any of those cases yet - maybe this term.
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
The common theme is a District Court, or a Circuit Court, attempting to veto the Presidents actions with an immediate effect.
The Supreme Court has twice ruled that such injunctions will NOT go into immediate effect, until all appeals are exhausted, and any ruling is final. So they are likely to quickly suspend this injunction as well.
The Supreme Court has not yet ruled on the merits of any of those cases yet - maybe this term.
Excellent observation.
OK thanks.
More treachery from the partisans in the fetid black robes.
Zero respect given...
Hasn’t this already been litigated?
the Sierra Club and the Southern Border Communities Coalition are admitting the wall is being built?
Irony
An appeal to the full 9th court comes next ... may overturn the three-judge panel.
“They’ve made their ruling. Now let them enforce it.”
"I don’t think it’s still in the 9th Circuit jurisdiction is it?"
This has already been settled by SCOTUS, and the 9th circuit can take a flying leap/
*****************************************************************
I thought so also. But in this 3-JUDGE PANEL, two judges (both Clinton appointees) decided it hadnt been settled. The 3rd judge (a Trump appointee) dissented and apparently remembered the earlier decision that is was OK.
Ignore the court order - force in to the Supreme’s
if I remember correctly, the 9th circuit can decide to review this case themselves by having all the judges vote instead of only 3. It requires a certain number of them to call for a full panel vote
Use the KungFlu money. Just say the wall prevents the spread of the disease.
Not sure that would work, given that Mexico only has 6,262 cases per million to the US's 23,908 cases per million. You'd have to say it's an act of humanitarian aid to Mexico to protect them from the disease-carrying gringos.
https://www.worldometers.info/coronavirus/#countries
1. There haven't been any successful blows to halting
the wall
2. This IS NOT an effort to limit immigration. That's a
bald faced lie!
It is focused on stopping the occupation of the United
states by people (illegal alien foreign nationals) crashing
our border and occupying sovereign United States soil.
Another fart in the wind from the desperate left.
There have been a series of lawsuits, by different parties, on different grounds, to halt border wall construction.
The common theme is a District Court, or a Circuit Court, attempting to veto the Presidents actions with an immediate effect.
The Supreme Court has twice (July of both 2019 and 2020) ruled that such injunctions will NOT go into immediate effect to stop wall construction, until all appeals are exhausted, and any ruling is final. So they are likely to quickly suspend this injunction as well - if the full Ninth Circuit does not do so first.
There are cases based on the waiving of environmental laws, on the re-programming of Military funds to the Wall, and separately (including this case) on the use of Military Construction funds, under the authority of the National Emergencies Act.
The Supreme Court has not yet ruled on the merits of any of those cases yet - maybe this term. They all seem to be slam dunk wins for the Administration on the merits, unless they find some technicality.
The Chief Justice, and his Senate oversight, are sensitive to the issue of any one of the hundreds of appointed lower court judges, deciding to act as a veto on the elected President (like the now proverbial “Hawaiian Judge”, of “Muslim Ban” fame) - especially if motivated by political partisanship.
It is on the Supreme Court (Chief Justice) to rein in these excesses of the Judicial Branch. Since last year, they have been quick to stay these kinds of injunctions.
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