Appeals Court: Trump's Threatening Sanctuary Cities Exec Order Is Illegal

[DonViejo]

Source: Talking Points Memo/AP



By Sudhin Thanawala | August 1, 2018 2:10 pm

SAN FRANCISCO (AP) — President Donald Trump’s executive order threatening to withhold funding from “sanctuary cities” that limit cooperation with immigration authorities is unconstitutional, but a judge went too far when he blocked its enforcement nationwide, a U.S. appeals court ruled Wednesday.

In a 2-1 ruling, the 9th U.S. Circuit Court of Appeals agreed that the order exceeded the president’s authority.

“Absent congressional authorization, the administration may not redistribute or withhold properly appropriated funds in order to effectuate its own policy goals,” Chief Judge Sidney Thomas wrote for the majority. But he also said there wasn’t enough evidence to support a nationwide ban on the order and sent the case back to the lower court for more hearings on that question.

An email to a spokesman for the U.S. Justice Department was not immediately returned.

Read more: https://talkingpointsmemo.com/news/appeals-court-ruling-trump-executive-order-withholding-funding-sanctuary-cities-unconstitutional

[sakabatou]

1. K&R

[Gothmog]

2. Trump loses another lawsuit

Yeah. Trump loses yet again https://www.politico.com/story/2018/08/01/trump-sanctuary-cities-appeal-ruling-756925

President Donald Trump’s executive order limiting federal funding to so-called sanctuary cities was ruled unconstitutional by a federal appeals court on Wednesday.

The 9th U.S. Circuit Court of Appeals said that federal funding could be withheld only with congressional authorization. The appeals court also noted that the U.S. District Court went too far by blocking the policy nationwide, and sent back the case for “reconsideration and further findings.”


“We conclude that, under the principle of Separation of Powers and in consideration of the Spending Clause, which vests exclusive power to Congress to impose conditions on federal grants, the Executive Branch may not refuse to disperse the federal grants in question without congressional authorization,” a three-member panel of the 9th Circuit said in its 2-to-1 ruling.

Trump signed an executive order in January 2017 that dealt with interior immigration enforcement. The 9th Circuit on Wednesday ruled against a provision that limited funding to jurisdictions that don’t cooperate with federal immigration enforcement — also known as sanctuary cities.

[riversedge]

3. his pic in the article is a grumpy old man.

Link to tweet

[truthisfreedom]

4. Are the trumpeteers tired of winning yet?