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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAppeals court rules funding for Trump border wall construction 'unlawful'
The Trump administration can't use money that Congress appropriated for military projects to build the wall, the appeals court ruled.
The Trump administration does not have the authority to use military funding to pay for construction of a border wall, a federal appeals court panel ruled on Friday.
In a 2-1 ruling, a 9th U.S. Circuit Court of Appeals panel found that diverting $2.5 billion Congress had appropriated for the military violated the Constitution and is unlawful.
The executive branch "lacked independent constitutional authority to authorize the transfer of funds," the ruling said. "These funds were appropriated for other purposes, and the transfer amounted to 'drawing funds from the Treasury without authorization by statute and thus violating the Appropriations Clause.' Therefore, the transfer of funds here was unlawful."
The decision upheld a ruling by a federal judge in California who last year found that the Trump administration's funding scheme was against the law.
https://www.nbcnews.com/politics/donald-trump/appeals-court-rules-funding-trump-border-wall-construction-unlawful-n1232287?cid=sm_npd_nn_fb_ma&fbclid=IwAR3nqCz3r1qaoIOxGbxRgX5mQ0sz9kDh5vR0CxCyqy0SVJJ5UWcXZi1ky4Y
bluestarone
(17,025 posts)Now i fear they will use Covid-19 money to build the dam wall!
Pacifist Patriot
(24,654 posts)malaise
(269,157 posts)Great news
procon
(15,805 posts)from the avarice of tyrants like Trump.
Yo_Mama_Been_Loggin
(108,170 posts)Waiting for his whiney ass Twitter tirade.
smirkymonkey
(63,221 posts)Newest Reality
(12,712 posts)erronis
(15,328 posts)OK, I did click through and pulled this up
So, it looks like he is a trump/fedsoc guaranteed vote against the people.
https://en.wikipedia.org/wiki/Daniel_P._Collins
On October 10, 2018, President Trump announced his intent to nominate Collins to serve as a United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit.[6][10] On October 11, 2018, Senator Dianne Feinstein said the White House had not consulted her on the nomination, and that she would oppose Senate confirmation of Collins and two other circuit court nominees.[11][12][13] On November 13, 2018, his nomination was sent to the Senate. President Trump nominated Collins to the seat vacated by Judge Harry Pregerson, who took senior status on December 11, 2015.[14] On January 3, 2019, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate.
On January 30, 2019, President Trump indicated that he would renominate Collins to a Ninth Circuit vacancy.[15] On February 6, 2019, his nomination was sent to the Senate.[16] On March 13, 2019, a hearing on his nomination was held before the Senate Judiciary Committee.[17] On April 4, 2019, his nomination was reported out of committee by a 1210 party line vote.[18] On May 20, 2019, the Senate invoked cloture on his nomination by a vote of 5143,[19] and on the following day, May 21, the Senate confirmed his nomination by a vote of 5346.[20] He received his judicial commission on May 22, 2019.
Notable cases
On May 22, 2020, Collins dissented when the 9th circuit in a 2-1 decision ruled that Gavin Newsom's order limiting church capacity to 25% is constitutional. [21] On May 29, the Supreme Court of the United States upheld the 9th circuit's decision due to the extraordinary health emergency of COVID-19, although Justices Thomas, Alito, Gorsuch, and Kavanaugh would have reversed the 9th circuit and affirmed Collins' position. [22] On June 26, Collins again dissented in a pair of 2-1 rulings by the 9th circuit appeals court that President Trump illegally redirected $2.5 billion in military funds to build portions of his border wall in California, Arizona and New Mexico. Congress has constitutional authority over federal spending and appropriated the funding for military pay and other Defense Department purposes, never authorizing Trump to divert it for wall construction according to the rulings.[23]
Bettie
(16,121 posts)but, no judges for Democrats as long as Republicans run the Senate.
Hermit-The-Prog
(33,403 posts)We cannot trust Billy Barr's Dirt Services (formerly, Dept. of Justice) to fairly and truthfully investigate any crony of trump. It is likely that there are corrupt judges in the gang nominated by trump and confirmed under Moscow Mitch.
CatWoman
(79,302 posts)Hermit-The-Prog
(33,403 posts)martouf
(32 posts)Moscow Mitch is getting the votes, if not all the rulings, he was hoping for.
erronis
(15,328 posts)Altho I guess I had one also, not too long ago.
Eliot Rosewater
(31,121 posts)better be dedicated to getting that done.
Alternative is not acceptable.
gademocrat7
(10,665 posts)fleur-de-lisa
(14,628 posts)Dump loses again!
lindysalsagal
(20,726 posts)Pay attention, GOP!!!!!! YOU lack authority to ruin america!!!
Hands off healthcare!
Lonestarblue
(10,053 posts)From NBC News: The Supreme Court late Friday cleared the way for the Trump administration to use Defense Department counter-drug money to build a portion of the planned wall along the border with Mexico.
By a 5-4 vote, the court lifted a stay imposed in late May by a federal judge in California that blocked the use of $2.5 billion in Pentagon counter-drug program money to build more than 100 miles of border wall, a project announced as part of President Donald Trump's declaration of a national emergency.
https://www.nbcnews.com/politics/immigration/supreme-court-allows-trump-tap-2-5b-pentagon-funds-border-n1035286
So does border wall construction stop now until this case goes to the SC? And if Trump just illegally keeps building the wall, how can he be stopped?
spanone
(135,862 posts)in2herbs
(2,947 posts)and habitat corridors destroyed.
I'd like the courts to rule on something that drumpf can't do and give the teeth in their decision to repair what he has illegally done.