Drudge Retort: The Other Side of the News
Tuesday, February 19, 2019

Sixteen states filed a lawsuit on Monday challenging President Donald Trump's national emergency declaration for the southern border. The lawsuit was filed in the US District Court for the Northern District of California. The attorneys general from Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon and Virginia joined California Attorney General Xavier Becerra in the lawsuit.



Admin's note: Participants in this discussion must follow the site's moderation policy. Profanity will be filtered. Abusive conduct is not allowed.

Lawsuit is at the thread link.

"A coalition of 16 states filed a federal lawsuit Monday to block President Trump's plan to build a border wall without permission from Congress, arguing that the president's decision to declare a national emergency is unconstitutional.

The lawsuit, brought by states with Democratic governors -- except one, Maryland -- seeks a preliminary injunction that would prevent the president from acting on his emergency declaration while the case plays out in the courts.

In the 56-page complaint, Becerra and his counterparts argue that diverting money that Congress designated for other purposes violates the separation of powers defined in the Constitution.

The complaint says that once Congress passes laws and a president signs them, the Constitution requires that the president "take care that the laws be faithfully executed." Another clause of the Constitution, the lawsuit notes, prevents money from being paid from the U.S. Treasury unless Congress has appropriated it.

The lawsuit also says that the "federal government's own data prove there is no national emergency at the southern border that warrants construction of a wall. Customs and Border Protection data show that unlawful entries are near 45-year lows."

And it enumerates ways that residents of the participating states -- and the states themselves -- could be harmed by the diversion of money. They include loss of funding to military bases, weakened drug-fighting efforts and damage to states' economies.



if you get a paywall, use an Incognito window

Of course, the only real national emergency we have is Liar in Chief.

#1 | Posted by Corky at 2019-02-18 11:46 PM | Reply

17 now.

#2 | Posted by bored at 2019-02-19 01:38 AM | Reply

I hope they succeed but the probability is are slim. www.lawfareblog.com

#3 | Posted by et_al at 2019-02-19 01:50 AM | Reply

Et Al,

I doubt they will succeed.

This is a product of Congress constantly and willingly ceding its powers to the Executive branch. This has been going on for decades. Congress rarely legislates any more and when they do the number of

"Shall" provisions are astounding.

We are mostly governed by the 4th branch plus an ever-imperial presidency. This is why the courts have become super-powers.

#4 | Posted by JeffJ at 2019-02-19 02:00 AM | Reply

This is a product of Congress ...

"Shall" provisions are ...

Yes, Congress has given too much away. The Court is soon to again consider administrative deference.

#5 | Posted by et_al at 2019-02-19 02:42 AM | Reply

The Court is soon to again consider administrative deference.


This is where Chevron needs to be completely uprooted IMO. Doing so would in no way violate Starre Decisis as by my understanding doing so wouldn't create any kind of societal upheaval. Yeah, it will upset the ruling class but it won't affect the general populace.

#6 | Posted by JeffJ at 2019-02-19 08:28 AM | Reply

Trump should mobilize the troops to quell the rebellion. #Civil War II

#7 | Posted by visitor_ at 2019-02-19 04:28 PM | Reply

Bernie..Elizabeth..Andy Wang...AOC..if you're listening, DEMAND that all the folks running for president, pledge to ask for the rescinding of the executive emergency bill AND new legislation that forces the house and the senate to cede no more power to the executive branch than is allowed by the constitution.

#8 | Posted by 1947steamer at 2019-02-19 04:42 PM | Reply

Trump should mobilize the troops to quell the rebellion. #Civil War II

#7 | Posted by visitor_

Yeah then we'd see what our troops are made of - loyalty to our country or loyalty to a con man.

#9 | Posted by SpeakSoftly at 2019-02-19 06:28 PM | Reply

Those blue states loves their illegals.

#10 | Posted by MSgt at 2019-02-19 07:01 PM | Reply | Newsworthy 1

Those blue states loves their illegals.

#10 | Posted by MSgt

Those red states do too. They just pretend not to in order to impress gullible racists.

#11 | Posted by SpeakSoftly at 2019-02-19 07:14 PM | Reply | Newsworthy 2

Those blue states loves their illegals.


Illegal immigrants are a nice change of pace from conservatives. They actually pay taxes, they contribute positively to the economy, they make better food, they respect United States values, and they would never wage war against this country, which they actually love.

#12 | Posted by IndianaJones at 2019-02-19 07:44 PM | Reply | Newsworthy 2

The hypocrisy of some RW pundits on this is vivid. When Obama violated the Constitution because (in a hectoring voice) "if congress won't act, I will." it was the worst thing in the world - an affront to our constitutional order. Now, it gets cheered. This isn't ALL conservative writers and outlets mind you. Multiple writers at NRO have come out against this.

#13 | Posted by JeffJ at 2019-02-20 09:44 AM | Reply

"Border apprehensions jump 84 percent, 606,000 expected this year"

B-b-b-but the border is secure. Illegal immigration is down.
--DR Left

#14 | Posted by nullifidian at 2019-02-20 09:49 AM | Reply

"They actually pay taxes..."

#12 | POSTED BY INDIANAJONES AT 2019-02-19 07:44 PM | FLAG: | NEWSWORTHY 2: BS statement as so many work 'under the table' for cash as roofers [I know that from FL as well as IA, and here in LA, etc., but go ahead a believe what you want....... and BTW, those who are paying taxes; where did they get the Tax ID number that they are working under???

#15 | Posted by MSgt at 2019-02-20 12:24 PM | Reply

Comments are closed for this entry.

Home | Breaking News | Comments | User Blogs | Stats | Back Page | RSS Feed | RSS Spec | DMCA Compliance | Privacy | Copyright 2019 World Readable

Drudge Retort