A federal judge appointed by Obama and sitting in the Northern District of California yesterday issued an injunction barring the redirection of certain Defense Department funds for use in building the border wall on the southern border. I'd like to say that this is a surprise, but it isn't. It's predictable. And it is predictably wrong.
The issue here is not the declaration of an emergency and the funds that flow from such declaration. No, the funds in question were appropriated by Congress for use in fighting the flow of drugs into our country. They were designated to be for personnel and Trump changed that use to wall construction instead. The judge says that this is unconstitutional, but here's the problem with his ruling. The general law regarding these appropriations granted to the President the power to redesignate or refine the use of funds within certain parameters. President Trump was just exercising this power given to him by Congress. The Obama judge, however, in his eagerness to block the wall construction, held that once Congress designated this for personnel, it cannot be changed. That's wrong, but we will have to go through all the appeals in the 9th Circuit (which will likely uphold the ruling) and then the Supreme Court (which will likely reverse it.) Meanwhile, the border will remain relatively unprotected and drugs will still pour into the country.
If the GOP has control of both houses of Congress in 2021, it should pass legislation limiting the authority of District Courts or Circuit Courts of Appeal to issue nationwide injunctions.
The issue here is not the declaration of an emergency and the funds that flow from such declaration. No, the funds in question were appropriated by Congress for use in fighting the flow of drugs into our country. They were designated to be for personnel and Trump changed that use to wall construction instead. The judge says that this is unconstitutional, but here's the problem with his ruling. The general law regarding these appropriations granted to the President the power to redesignate or refine the use of funds within certain parameters. President Trump was just exercising this power given to him by Congress. The Obama judge, however, in his eagerness to block the wall construction, held that once Congress designated this for personnel, it cannot be changed. That's wrong, but we will have to go through all the appeals in the 9th Circuit (which will likely uphold the ruling) and then the Supreme Court (which will likely reverse it.) Meanwhile, the border will remain relatively unprotected and drugs will still pour into the country.
If the GOP has control of both houses of Congress in 2021, it should pass legislation limiting the authority of District Courts or Circuit Courts of Appeal to issue nationwide injunctions.
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