https://thehill.com/regulation/cour...as-blocks-trump-from-using-military-funds-for Federal judge in Texas blocks Trump from using military funds for border wall A federal judge on Wednesday blocked President Trump from using Defense Department funds for the construction of his border wall. Judge David Briones of the US District Court for the Western District of Texas ruled in favor of El Paso County, Texas, and Border Network for Human Rights, which had argued Trump’s national emergency declaration using billions in Pentagon funds for the wall was an overreach. The plaintiffs also accused the White House of using the funds for a situation that did not meet the bar for an “emergency” under the National Emergencies Act. "The President's emergency proclamation was a blatant attempt to grab power from Congress. Today's order affirms that the President is not a king and that our courts are willing to check him when he oversteps his bounds," Kristy Parker, counsel for Protect Democracy, a nonpartisan nonprofit which represented the plaintiffs, said in a statement. Briones, a Clinton appointee, had previously ruled the county could bring the case because they had suffered reputational harm as a result of the funds diversion. “After due consideration, the Court is of the opinion that a declaratory judgment and permanent injunction shall be granted in Plaintiffs’ favor,” he wrote in the Tuesday ruling. Briones’ ruling does not apply to other funds that have been designated for wall construction, including counter-drug and Treasury Forfeiture funds. He wrote in his ruling that the court will rule on how broad the injunction could be after hearing additional briefing on the issue. He also rejected a motion for an administrative stay, writing “Defendants do not have compelling reasons justifying an administrative stay of this decision as they have requested, though they are free to pursue a stay pending appeal before the Fifth Circuit.” The Hill has reached out to the White House for comment on the ruling.
Pretty sure this horse was already beaten to death. The Commander in Chief can spend military $'s wherever he/she (PC VZ) see's fit.
Not 'til SCOTUS rules on it and sets precedent for "i'll spend money on whatever national security excuse I feel like"
It won't make it that far. The Commander in Chief's first job is to keep the country safe. 5th Circuit will uphold the Administration's position. But we'll see.
It doesn't work that way. It gets sent back to the lower court H4. I'm surprised you don't know this stuff.
https://ballotpedia.org/United_States_Court_of_Appeals_for_the_Fifth_Circuit The United States Court of Appeals for the Fifth Circuit is a federal appellate court with appellate jurisdiction. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to the Supreme Court of the United States. Reversal rate See also: SCOTUS case reversal rates (2007 - Present) Since 2007, SCOTUS has released opinions in 924 cases. Of those, it reversed a lower court decision 650 times (70.3 percent) while affirming a lower court decision 266 times (28.8 percent). In that time period, SCOTUS has decided 65 cases originating from the Fifth Circuit, affirming in 20 cases and reversing in 45 cases, for an overturn rate of 69.2 percent. As of the end of the 2018 term, the Fifth Circuit had the seventh-highest overturn rate of all the federal appeals courts.