The attorneys general of California, New York, and 14 other states on Monday filed a lawsuit in the Ninth Circuit against the White House’s recent national emergency declaration over border security, claiming President Trump has “veered the country toward a constitutional crisis of his own making.”
President Trump sarcastically had predicted the lawsuit last week. He’s slammed the Ninth Circuit multiple times as “disgraceful” and politically biased.
The litigation, brought before a federal trial court in the Northern District of California, seeks an injunction to prevent Trump from shifting billions of dollars from military construction to the border without explicit congressional approval. The suit also asks a court to declare Trump’s actions illegal, arguing that Trump showed a “flagrant disregard of fundamental separation of powers principles engrained in the United States Constitution” by violating the Constitution’s Presentment and Appropriations Clauses, which govern federal spending.
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The litigation additionally includes allegations that Trump is violating the National Environmental Policy Act, by planning to build a wall that could impact the environment without first completing the necessary environmental impact reports.
The attorneys general specifically argue that the border wall does not “require use of the armed forces,” as mandated under 10 U.S.C. section 2808, the federal law which governs construction projects during national emergencies. Acting Defense Secretary Patrick Shanahan reportedly said this week he isn’t sure there is a military necessity at the border, or how much the agency would need to spend.
The states contend they have standing to sue the administration largely because, they allege, the federal funds could have been spent on their defense. “Maine is aggrieved by the actions of Defendants and has standing to bring this action because of the injury to the State and its residents caused by Defendants’ reduction of federal defense spending in Maine due to diversion of funding to the border wall,” one section of the suit reads.
“California is aggrieved by the actions of Defendants and has standing to bring this action because of the injury due to the loss of federal drug interdiction, counter-narcotic, and law enforcement funding to the State caused by Defendants’ diversion of funding,” reads another paragraph.
In addition to Maine, California, and New York, the group of states also includes Delaware, Oregon, Hawaii, Colorado, Connecticut, Illinois, Maryland, Michigan, Minnesota, Virginia, Nevada, New Jersey, New Mexico.
“Declaring a National Emergency when one does not exist is immoral and illegal,” New York Attorney General Letitia James, who previously vowed to use “every area of the law” to investigate Trump and his family, said in a statement. “Diverting necessary funds from real emergencies, crime-fighting activities, and military construction projects usurps Congressional power and will hurt Americans across the country. We will not stand for this abuse of power and will fight using every tool at our disposal.”
Source: Fox News