Judge Drops Bombshell In Case Against Trump Emergency Declaration


House Democrats are continuing their efforts to overturn the Trump administration’s draconian agenda, this week getting federal Judge Trevor McFadden to completely dismiss a case they brought against Trump’s attempt to procure funding for a border wall, which helps open the door to an appeal. McFadden previously ruled that House Democrats couldn’t challenge Trump’s usage of a national emergency declaration to try and use subsequent executive power to get that wall funding, arguing that legislative remedies should be their first choice.

Attorneys for both sides in the case shared in a court filing:

‘The House respectfully disagrees with the court’s standing decision, but the parties are in agreement that there is no need for any further proceedings or briefing in this case and the court should immediately dismiss the amended complaint for lack of jurisdiction and enter final judgment so that the House may promptly appeal that order.’

It’s worth noting that McFadden is not just a Trump appointee but was a donor to Trump’s presidential campaign, making his role in a case with an obvious political charge suspect at best. Trump has claimed that there is a political bias across the nation’s justice system against him, but he’s the one appointing literal campaign donors to the federal judiciary.

Although the House has so far run into obstacles in their efforts to turn Trump’s national emergency declaration around, it’s been at least partially stopped through other means already. A federal judge in California ruled that the administration may not use military money for specific wall projects along the border, and that case will soon be heard before the Ninth Circuit Court of Appeals, which despite Trump’s insistence of bias has operated right on the same level of ultimately overturned cases as other appeals courts across the United States. If that case goes above the Ninth Circuit — or the House’s case goes above the D.C. circuit — and either reach the U.S. Supreme Court, it’s unclear which way the case would go. Thanks to Trump’s two appointments, the bench currently leans conservative.

The national emergency declaration Trump signed has been wildly unpopular, even among some Republicans. Both chambers of Congress — including the Republican-majority Senate — came together to pass a resolution turning around Trump’s declaration, but they could not muster the two-thirds majority needed to have that resolution persist past the president’s veto.

The Trump team floated the possibility of using another emergency declaration as basis for imposing tariffs on all imports from Mexico, but even Senate Republicans rebelled against that unprecedented possibility as well, suggesting they might even be able to get a resolution turning the declaration around past a veto. The tariffs were set to constitute the largest tax increase on Americans in decades, working out to tens of billions of dollars, but Trump eventually walked back his plans.

He has not at all abandoned his antagonism surrounding the southern U.S. border though. He’s continuing to push Mexican authorities and Democrats to fall in line with his vision, which constitutes dramatic drawbacks of the U.S. asylum program without addressing the key causes driving its use.

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