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CatWoman

(79,302 posts)
Fri Jun 26, 2020, 02:39 PM Jun 2020

Appeals 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

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Appeals court rules funding for Trump border wall construction 'unlawful' (Original Post) CatWoman Jun 2020 OP
GREAT NEWS! bluestarone Jun 2020 #1
More winning! Pacifist Patriot Jun 2020 #2
K & R malaise Jun 2020 #3
The Constitution was designed to protect the nation procon Jun 2020 #4
Can't be happy about that Yo_Mama_Been_Loggin Jun 2020 #5
Ha ha ha! smirkymonkey Jun 2020 #6
FAKE COURT! Newest Reality Jun 2020 #7
Without clicking through, was the lone dissenter a trump/repug appointee? erronis Jun 2020 #8
2015....This should have been an Obama appointee Bettie Jun 2020 #9
Every judge rammed through by Moscow Mitch needs to be investigated. Hermit-The-Prog Jun 2020 #10
Glenn Kirschner tells us how to get rid of those unqualified judges CatWoman Jun 2020 #19
Thanks for the link! I missed that one. Hermit-The-Prog Jun 2020 #21
No Surprise that the dissenter is a Trump appointee martouf Jun 2020 #12
Hey - welcome to the discussion. I've never met anybody on their first post. erronis Jun 2020 #15
Every judge put on any bench by Moscow Mitch has to go, and everybody Eliot Rosewater Jun 2020 #20
Good news! gademocrat7 Jun 2020 #11
HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA! fleur-de-lisa Jun 2020 #13
lacked independent constitutional authority lindysalsagal Jun 2020 #14
The Supreme Court had lifted the California's judge's stay until appeals were finished. Lonestarblue Jun 2020 #16
⭐️⭐️⭐️K&R ⭐️⭐️⭐️ spanone Jun 2020 #17
Too late. He's already destroyed protected areas of the Sonoran Desert for his wall. Saguaros in2herbs Jun 2020 #18

erronis

(15,328 posts)
8. Without clicking through, was the lone dissenter a trump/repug appointee?
Fri Jun 26, 2020, 04:10 PM
Jun 2020

OK, I did click through and pulled this up

n his dissent, Judge Daniel Collins disagreed, saying the administration had the authority to use the money.


So, it looks like he is a trump/fedsoc guaranteed vote against the people.

https://en.wikipedia.org/wiki/Daniel_P._Collins
Federal judicial service

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 12–10 party line vote.[18] On May 20, 2019, the Senate invoked cloture on his nomination by a vote of 51–43,[19] and on the following day, May 21, the Senate confirmed his nomination by a vote of 53–46.[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)
9. 2015....This should have been an Obama appointee
Fri Jun 26, 2020, 04:13 PM
Jun 2020

but, no judges for Democrats as long as Republicans run the Senate.

Hermit-The-Prog

(33,403 posts)
10. Every judge rammed through by Moscow Mitch needs to be investigated.
Fri Jun 26, 2020, 04:15 PM
Jun 2020

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.

 

martouf

(32 posts)
12. No Surprise that the dissenter is a Trump appointee
Fri Jun 26, 2020, 04:33 PM
Jun 2020

Moscow Mitch is getting the votes, if not all the rulings, he was hoping for.

erronis

(15,328 posts)
15. Hey - welcome to the discussion. I've never met anybody on their first post.
Fri Jun 26, 2020, 04:40 PM
Jun 2020

Altho I guess I had one also, not too long ago.

Eliot Rosewater

(31,121 posts)
20. Every judge put on any bench by Moscow Mitch has to go, and everybody
Fri Jun 26, 2020, 05:46 PM
Jun 2020

better be dedicated to getting that done.

Alternative is not acceptable.

lindysalsagal

(20,726 posts)
14. lacked independent constitutional authority
Fri Jun 26, 2020, 04:39 PM
Jun 2020

Pay attention, GOP!!!!!! YOU lack authority to ruin america!!!

Hands off healthcare!

Lonestarblue

(10,053 posts)
16. The Supreme Court had lifted the California's judge's stay until appeals were finished.
Fri Jun 26, 2020, 04:49 PM
Jun 2020

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?

in2herbs

(2,947 posts)
18. Too late. He's already destroyed protected areas of the Sonoran Desert for his wall. Saguaros
Fri Jun 26, 2020, 04:55 PM
Jun 2020

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.

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