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.
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. – READ MORE