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Judge Rules: Full Steam Ahead On The Border Wall

Jeff Katz
June 04, 2019 - 8:29 pm

A federal judge dismissed House Democrats’ lawsuit challenging President Donald Trump’s border wall, holding that the lawmakers lacked standing to bring the matter to court.

President Trump convinced Congress to fund $1.4 billion for a border wall. He also issued Presidential Proclamation 9844, exercising his authority under the National Emergencies Act to secure additional funding from three other federal sources totaling $6.7 billion.

House Democrats voted to sue in the U.S. District Court for the District of Columbia, seeking an injunction against the Departments of Treasury, Defense, Interior and Homeland Security, to block construction of the wall. Democrats argued the administration’s actions violate the Appropriations Clause of the U.S. Constitution.

The Department of Justice, however, argued the House lacks standing to bring this fight into federal court. Democrats insisted the Trump administration’s actions amounted to inflicting an “institutional injury” on Congress.

The judge concluded that this is a political controversy that the Constitution requires the elected branches of government to work through with the various tools at their disposal, not a legal controversy that be decided by unelected federal judges.