Daily Caller: California and a coalition of left-leaning states are expected to file a legal challenge to President Donald Trump’s national emergency declaration as soon as Monday.
California Attorney General Xavier Becerra told ABC News Sunday that the state had prepared to pursue legal action in advance of the president’s announcement, and shared plans to file a lawsuit “imminently.”
Colorado, Connecticut, Minnesota, Nevada, New Jersey, New Mexico, New York, and Oregon are expected to join California’s challenge.
The administration has taken steps to improve their prospects in court. White House officials have indicated that the government will focus primarily on border barrier projects in Texas, in an apparent bid to keep the ensuing legal challenges within the jurisdiction of the 5th U.S. Circuit Court of Appeals — a Trump friendly bench — or the Washington, D.C., federal courts, which are less forbidding for the president than the 9th U.S. Circuit Court of Appeals.
California may also struggle to prove it can bring legal action at this time. Funding for the border wall project is drawn from four sources: a $1.4 billion congressional appropriation, $600 million from the Treasury Department’s forfeiture fund, $2.5 billion from Defense Department counter-narcotics activities, and $3.6 billion from military construction projects to finance construction of the wall. Of those sources, only the $3.6 billion is accessed via the emergency declaration.
White House guidance on the emergency declaration indicates that the government will spend that money sequentially: That is to say, the government will exhaust the appropriation, the forfeiture assets, and the redirected counter-narcotics funds before expending the emergency funds. As South Texas College of Law Professor Josh Blackman has noted, potential plaintiffs like California might not have standing to challenge the declaration until those emergency funds are actually allocated.
As such, the administration could conceivably complete large stretches of wall before challenges to the project can be heard in court. more here
“Standing to sue, in law, the requirement that a person who brings a suit be a proper party to request adjudication of the particular issue involved. The test traditionally applied was whether the party had a personal stake in the outcome of the controversy presented and whether the dispute touched upon the legal relations of the parties having adverse legal interests.”
That means all of you states with no southern border need to GTFO.
Filed in the usual Leftist California court.
I imagine the decision is already written, probably having been written before the suit was filed.
And make that wall high and deep. With remote sensors and guard towers.
Naturally, the Leftist AG from New York — that famous southern border state — was one of the first to announce she was filing a lawsuit.
Though, that’s not nearly as hilarious as Hawaii filing.
This shithole known as Shitlinois also is included in this suit. I don’t remember being asked if I wanted anything to do with it.
Shitginia Is also bragging about joining this.
I’m surprised that my state of Washington hasn’t joined the lawsuit yet. Give it time, Governor Jay worthless Inslee and Atty. General Bob Ferguson will sign onto it soon.
Dianny: New York will build the wall in the Atlantic east of New York as part of the Green New Deal pertaining to high speed rail connections to Europe.
I am surprised that you missed that detail.
Just sayin’.
/sarc (for those of you who couldn’t figure that out)
TIME TO SECEDE
What do you have in common with anti-Americans?
Add Michigan to the list. Apparently our libtard of a governor doesn’t think her hoped for 47cent additional gas tax and free (for who?) community college is enough.
We, in SC, have seceded from the Union before and are prepared to do it again….should the need arise……..with or without Grahamnesty.
Kalifornia’s A.G. Xavier Deltaco DeMoron is bragging about his 46 lawsuits against Trump…Talk about T.D.S. Meanwhile the state is overrun with illegals and homeless tent cities, drugs, human waste and the free shit crowd. And the D.O.J. of Kalifornia is bitch about not having enough money to take guns away from people who should not have them. Yet we pay for free tuition for illegals, give them welfare, and tax the living crap out of the middle class to pay for it. While Hollywood gets millions in tax breaks…I hope the courts make the losers pay in this one.
I’m sure Nuevo York was first in line to join this lawsuit. My little upstate city of Amsterdam is referred to as Amsterico.
Why is my worthless state of NY wasting my hard earned tax dollars on this stupid lawsuit; don’t we have a deficit; I guess Governor Cuomo does not care about the deficit. By the way, I am not related to Andy; THANK GOD!