San Francisco Judge Blocks Trump’s Sanctuary City Order – IOTW Report

San Francisco Judge Blocks Trump’s Sanctuary City Order

Breitbart; U.S. District Court Judge William Orrick III issued a permanent injunction Monday against President Donald Trump’s executive order directing that federal funds be withheld from “sanctuary city” jurisdictions.

The original order, issued January 25, aimed to “Ensure that jurisdictions that fail to comply with applicable Federal law do not receive Federal funds, except as mandated by law.”

San Francisco and Santa Clara County challenged the order, which Orrick blockedtemporarily in April on the grounds that it was too broad and infringed on the powers of the legislative branch to control federal spending.

In response, Attorney General Jeff Sessions issued a memorandum clarifying the Department of Justice’s interpretation of the order, stipulating that the federal funds to be withheld would be limited to discretionary grants from the department to local law enforcement authorities.

But the judge said in July that memorandum was not enough to stop other agencies from interpreting the executive order in a broader sense, and that the memorandum could easily be withdrawn.

In his ruling on Monday, Judge Orrick said:

[E]ven if the President had spending powers, the Executive Order would clearly exceed them and violate the Tenth Amendment’s prohibition against commandeering local jurisdictions. It is so vague and standardless that it violates the Fifth Amendment’s Due Process Clause and is void for vagueness. And because it seeks to deprive local jurisdictions of congressionally allocated funds without any notice or opportunity to be heard, it violates the procedural due process requirements of the Fifth Amendment.

The Trump administration has already appealed Orrick’s original, temporary order to the Ninth Circuit Court of Appeals.

Congress could also enforce President Trump’s policy simply by enacting legislation to deny federal funding to sanctuary cities — assuming Orrick’s 10th Amendment concerns about commandeering are overcome.  read more

22 Comments on San Francisco Judge Blocks Trump’s Sanctuary City Order

  1. Fear not! The Ninth Circuit Court of Appeals will uphold his decision, proving once again that it needs to be broken up. Something good will actually happen because of this stupidity.

  2. So don’t send our money to them. He made his law, now let him enforce it.

    Just another Obama stooge appointed in the last 4 years.

    He is Planned Parenthood’s feminist man in a black dress.
    He was also the same judge who blocked releasing their Baby Parts for Sale side business videos.

    Another lawless judge. And a judge without law is a tyrant.

  3. Orrick has quite the liberal agenda and makes no bones in ruling from the bench (see his & his wife’s rabid support for Planned Parenthood).
    Can’t recall the other cases in which he’s ruled against Trump, but he’s Cali’s equivalent to HI judge on the travel ban.
    All judges who deem it their (misinformed) authority to issue rulings affecting national security need to be impeached. Of course that’s asking the senate to honor their “oath” and we know that’s not gonna happen.

  4. The whole concept of sending all your money to DC to be “re-distributed” according to some social scheme is absurd and un-Constitutional in the first place.
    To cite the Constitution in an effort to justify the very un-Constitutionality of the absurdity is absurd.

    All this absurdity is founded upon the 16th Amendment which gave over all our incomes (which is, in the final analysis – EVERYTHING) to the caprices of the bureaucrats and politicians.

    Judges will continue to contort and dissimulate to advance their agendas; politicians will continue to lie and bloviate to maintain their corruption; and the sheeple will continue to bleat as they’re sheared and made into mutton.

    izlamo delenda est …

  5. “Congress could also enforce President Trump’s policy simply by enacting legislation to deny federal funding to sanctuary cities….”
    With far left “leaders” like Paul + Mitch I can not believe you said this.
    Conservative laws do not have “a snowball’s chance in Hell” withs such progressive “leaders”!

  6. Without impeachment processes by the house of representatives there seems to be no way to get rid of idiots like this clown. Impeachment requires a two thirds majority of the house. Blatant unconstitutional decisions similar to what this clown does is becoming more prevalent and needs to be combated with new rules for the replacement of activist judges that issue decisions in line with their own beliefs and not the constitution they swore to defend. We are wasting a lot of time and money defending our constitution resulting in the clogging of the court system and empowering more activist judges. However, getting the house to move on a fix would require a leader, which in my opinion we do not presently have.

  7. This stuff pisses me off. So there wasn’t one single judge anywhere the last 8 years that sprang up out of nowhere to issue one of these magical injunctions against ohole? Further proof the UniParty exists.

  8. Since when do state judges have jurisdiction over federal immigration laws?

    I know we are talking about the flow of funds here, but the withholding of those funds is a punishment for states that undermine the authority of the federal government to set our immigration laws. The states have no say in this matter beyond their representatives.

Comments are closed.