Posted on 02/16/2019 5:45:24 AM PST by LS
My source on all things courts and legal, Zen Master, has weighed in with some excellent information on the path ahead for the Declaration of Emergency.
1. For a case to be heard, it must meet at least these three conditions: standing, ripeness, and aggrieved party.
First, standing: the DoE only affects four states: TX, NM, AZ, and CA.
Only a party in one of those four can bring a suit in the Ninth (CA/AZ), Tenth (NM), or Fifth (TX) Circuit Courts. But even before you can do that, you must be an aggrieved party, meaning you must show direct immediate harm from what is happening (i.e., building the wall). Watch how this plays out in a moment.
Now, it's frequently argued here that a "friendly" party can bring a case immediately in a "friendly" venue (such as the Fifth, which is mostly GOP/conservative but not unanimous).
No. A court would view this as a type of fraud, since the two parties are considered "friendly" and would rule it an abuse of the court. It would be tossed. I don't know, but there might even be legal penalties for bringing such a suit.
Second, this is different from the Travel Ban, which was national and enabled a Hawaiian judge to put a stay on it. Again, this is region and state specific, meaning it will only affect the Ninth, Tenth, and Fifth---but not until the wall starts going up in those states.
Third, no challenge can be brought until a case is "ripe." In OH, Gov. DeWine said he will sight the "Heartbeat Bill," which PP will challenge. But he hasn't signed it yet, so there is no challenge yet.
No "wall" challenge can be made until the case is ripe, meaning until Trump ACTUALLY SPENDS DoE MONEY TO BUILD SOME OF THE WALL.
2. That brings us to the emergency declaration. Congress has already authorized, and Trump signed (which many of you did not want him to sign) a bill with $1.375b to start building the wall.
Trump has also invoked two statutes, 31 U.S.C. section 9705 and 10 U.S.C. section 284 to spend about $3.1b. These statutes don't require an emergency declaration.
There is a third statute, 10 U.S.C. section 2808 with $3.6b which does require an emergency declaration.
Here's the genius of how Trump is doing this: the money will be spent sequentially, with the $3.6b designated under 10 U.S.C. section 2808 (the national emergency money, if you will) spent last.
Trump will spend about $4.7b before he ever gets to the DoE money---and that's the only point at which that DoE can be challenged.
3. Now, there WILL be a Congressional challenge to the authority to do issue this declaration in DC almost immediately, and that (says Zen Master) will be struck down both on standing and ripeness grounds.
4. Go back to standing: the case cannot come up in the Ninth or Tenth Circuses until wall building WITH DoE $$ actually starts there.
Finally, precisely because Congress has just authorized $1.75b for the wall---regardless of the qualifiers---it cannot be argued that Trump's wall is something different (i.e, somehow unconstitutional). In other words, by passing the bill---and by Trump signing it---Congress just MADE IT 100% LEGAL.
” Zen Master has been 100% right on all his predictions and/or analysis of legal matters over the last two years. “
I wouldn’t know about that, but I agree with everything he said. (and have read/heard other places, those same things)
I’m talking about judicial jurisdiction, not “where the problem ends up.”
The latter has no relevance to the jurisdiction.
Once the invasion is checked, the solutions elsewhere are far more easily enacted.
Yep, the function of the bill is to establish that the Dems have *accepted the premise* of the wall, both legally and morally. The dollar amount is irrelevant.
What’s amazing is how, despite signing a “bad” bill, the real poison pill was Trump’s!
Will someone send this to Anne Coulter please?
Ok, gonna put this out there:
I don’t think Ann has ever been “conservative.” In 2011, LONG before Minion was the nominee, she peddled him at CPAC over many much more conservative candidates.
There was an incident at that CPAC that always bothered me. Maybe nothing. But a kid asked her, “If you’re so pro-marriage and family, why have you broken off (can’t remember the number, but I think it was 5) engagements?”
Now, Coulter had a chance to explain serious issues for young people, or make a statement about why precisely because marriage was important, she couldn’t go through with them. Instead, she made a joke out of the young man and blew him off. It hit me, “She’s just in it for the money. She doesn’t really care about ANY of these issues.”
take it for what it’s worth.
p
Can’t be.Secreting the body of anyone, let alone a SCOTUS justice, would be as illegal as creating a special counsel to conduct a fishing expedition against the President of the United States.
Never happen. </sarcasm>
Ann’s right. The bluing of America is happening right in front of our eyes(IOWs the death of America). The left will never have to worry about elections again in a few years thanks to an open border and legal immigration.
It was a life or death matter that should’ve been addressed 2 years ago.
Thank you, LS, for a coherent report on what IS happening.
Thanks for sharing LS!
If challenged he can respond, "Their adults, should I return them now?".
“I’m talking about judicial jurisdiction”
I’m not a legal expert. It’s plain common sense that a border state can’t simply say, “we don’t want a protected border” because the intruders move on into other states.
Border and immigration are controlled at the federal level. Given that, what rights do border states have?
Sounds like a win. Thanks LS.
Would it matter if the first pot of money was used to build sections of the wall in TX, NM, AZ, and CA? That way each of those States have ‘accepted’ the wall...
Thank you for posting. Yay.
If she could have done the same as a liberal, she might have gone that way. But conservative books seem to sell a lot better.
Nice job on the thread by the way - great to see a positive and upbeat perspective on FR. Many here just want to wallow in negativity and defeatism.
Military construction requires congressional approval.
Can you imagine the debates? How does one even begin to justify open borders and the displacement of existing citizens for unlimited immigration from the 3rd world in front of a live audience? It only sort of works now with obfuscation - it will never fly under bright light scrutiny.
Excellent...
BIG FAT BUMP! Thanks LS.
She is far beyond any hope.
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