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IPFS News Link • Lawsuits

Judge Tosses Border Wall Lawsuit Brought By House Democrats

•, By Tyler Durden

Judge Trevor McFadden ruled that the matter is fundamentally political and Democrats lack standing to bring a legal case.

In February, Trump declared a national emergency over the flood of migrants at the southern border which have overwhelmed the US immigration system. Shortly after, House Speaker Nancy Pelosi (D-CA) and other House Democrats filed their lawsuit, claiming that Trump was "stealing from appropriated funds" and would be in violation of the Appropriations Clause of the Constitution. The politicians contended that this constituted an "institutional injury" to the separation of powers. 

McFadden, a Trump appointee and former DOJ official, disagreed - writing in his opinion: "This case presents a close question about the appropriate role of the Judiciary in resolving disputes between the other two branches of the Federal Government. To be clear, the court does not imply that Congress may never sue the Executive to protect its powers," adding "The Court declines to take sides in this fight between the House and the President."