The 9th has equal stature with every other circuit.
Every one who follows politics knows
Dem president eo, 5th circuit
Rep President eo, 9th circuit
Allan
PS- I agree with the Chief Justice, there are no Obama judges or Mexican judges, just federal judges trying and mostly succeeding in delivering constitution opinions.
And again, the National Emergencies Act was to allow the President to act in - well you know - I national emergency.
Congress who by the Constitution holds the Power of the Purse under Article I told him “no”. He is now attempting to bypass Congresses authority - such may be found unconstitutional.
(Just so ya know, repeated the question once it’s been answered.)
.
.
.
.^^^^
Well, @peek-a-boo at is the federal question that all the circuits hearing the cases regarding this matter. Whether a national emergency declaration can divert funds that congress appropriated to one thing can be diverted by the President by issuing a national emergency?
It’s never been done before so you know it’s going to SCOTUS, better hope that Ginsberg dies before the case is heard becuase I have a bad feeling that Roberts will rule against the president and his emergency declaration being able to divert congressional appropriated funds for the emergency.
The emergency declaration. Constitutional
The diverting of funds. Unconstitional.
Hell even Trump didn’t think it was much of an emergency. Right after signing it, in the rose garden press conference, said he didn’t have to do a National Emergency, he only did it because he wanted to do it fast. (You know so he could talk about it during his reelection campaign.)
The Legislative Branch since they are the ones that passed the National Emergencies Act of 1976 which Trump is using to try to bypass Congress.
.
.
.
The defense funds Trump is targeting can be diverted for construction projects when a national a national emergency has been declared. The Secretary of Defense gets the final say.
You’ve got to know that some of the best legal minds have been working this for months. This isn’t something Trump just cooked up out of thin air.
The budget resolution doesn’t address anything other than the 1.47B dollars for wall funding. It doesn’t address anything else related to Trump’s actions.
Declaring a national emergency is not unconstitutional in any way shape or form.
The problem isn’t just the declaration of a national emergency. However, using the declaration of a national emergency in order to redirect funds is the issue.
He didn’t just declare and emergency - then turn around and say he really didn’t need to anyway - what may be unconstitutional is trying to do an end run around Congresses appropriations authority.
Declaring an emergency and misuse of appropriations are two differing things.
.
.
.^^^