Today, D.C. based District Court Judge Trevor McFadden threw out a lawsuit filed by House Democrats seeking an injunction against President Trump’s emergency reallocation of funds for the border wall. According to a 24-page opinion written by Judge McFadden, the decision was made to throw out the suit due to its fundamentally political nature and the lack of standing needed to make a legal case on behalf of the House Democrats.
President Trump declared a national emergency this past February over the humanitarian crisis at the southern border. In April, Speaker Pelosi (D-CA), filed the suit claiming that the president was “stealing from appropriated funds” in his attempt to move $6.1 billion from other projects to the border wall. In addition, the suit stated that the White House had “flouted the fundamental separation-of-powers and usurped for itself legislative power specifically vested by the Constitution in Congress” as reported by Fox News.
Judge McFadden, who was appointed by President Trump in 2017, concluded his opinion by stating:
This case presents a close question about the appropriate role of the Judiciary in resolving disputes between the other two branches of the Federal Government. To be clear, the court does not imply that Congress may never sue the Executive to protect its powers. Adding, The Court declines to take sides in this fight between the House and the President.
This decision comes on the heels of House Democrats releasing their 2020 funding bill for the Department of Homeland Security, including no funds or appropriations for a border wall or other barriers of any kind. Beginning October 1, this $63.8 billion DHS bill increases spending by $2.2 billion, yet falls short of President Trump’s requests by $1.9 billion, as reported by The Hill.
House Appropriations Committee Chairwoman, Congresswoman Nita Lowey (D-NY), stated that the DHS funding bill is meant to “promote the nation’s values”:
This includes upholding the rights and dignity of migrants, protecting against attempts by the Trump Administration to steal funds from measures that actually keep us safe for a vanity border wall, and providing no funding for additional Border Patrol agents and checkpoints or border barriers.
Updated: Tue, Jun 4th 2019 @ 4:05pm EDT