It would have been so easy: allocate the funds for the section of wall that Trump and immigration authorities wanted to build, especially since prior Congressional legislation authorized the construction of the wall. But, no, Democrats aren’t interested in security our borders
(Fox News) The attorneys general of California, New York, and 14 other states on Monday filed a lawsuit in the Ninth Circuit against the White House’s recent national emergency declaration over border security, claiming President Trump has “veered the country toward a constitutional crisis of his own making.”
President Trump sarcastically had predicted the lawsuit last week. He’s slammed the Ninth Circuit multiple times as “disgraceful” and politically biased.
The litigation, brought before a federal trial court in the Northern District of California, seeks an injunction to prevent Trump from shifting billions of dollars from military construction to the border without explicit congressional approval. The suit also asks a court to declare Trump’s actions illegal, arguing that Trump showed a “flagrant disregard of fundamental separation of powers principles engrained in the United States Constitution” by violating the Constitution’s Presentment and Appropriations Clauses, which govern federal spending.
The litigation additionally includes allegations that Trump is violating the National Environmental Policy Act, by planning to build a wall that could impact the environment without first completing the necessary environmental impact reports.
The attorneys general specifically argue that the border wall does not “require[] use of the armed forces,” as mandated under 10 U.S.C. section 2808, the federal law which governs construction projects during national emergencies. Acting Defense Secretary Patrick Shanahan reportedly said this week he isn’t sure there is a military necessity at the border, or how much the agency would need to spend.
Except, Congress has specifically authorized construction of a border wall numerous times, including back during the Bush administration, the Secure Fence Act of 2006.
In addition to Maine, California, and New York, the group of states also includes Delaware, Oregon, Hawaii, Colorado, Connecticut, Illinois, Maryland, Michigan, Minnesota, Virginia, Nevada, New Jersey, New Mexico.
So, essentially open borders states. States which would rather patronize illegal aliens than take care of lawful U.S. residents.
Will the suit succeed? Ultimately, it will surely end up at the Supreme Court. No matter what Democrats say, Trump is not an idiot, and the Emergency order is surely based on actual statute and law, which is why the open borders states are adding things like the National Environmental Policy Act.
