A federal judge has ruled against congressional Democrats who sought to temporarily stop the president from using military funds for a border wall. Judge Trevor McFadden, a Trump appointee, handed the president a needed victory after the White House suffered several losses in legal battles with Democrats in recent days.
But he said that because the House failed to show it has standing in court and given the lack of binding precedent showing it can sue and rulings made in related cases, "the Court cannot assume jurisdiction to proceed to the merits."It's odd to hear a Judge talk about a lawsuit against Trump and words like precedent and jurisdiction in the same sentence. Generally Judges rely on pretty much nothing to do with the law when they rule on lawsuits against Trump.
But the generally idea here is that there is a law that allows Trump to use funding, there is zero precedent for Congress to sue the President over using a power that Congress granted the President. In fact, the only precedent regarding the emergency powers of the President is that Congress cannot give away power, and then attempt to use end arounds to get it back. That was a USSC decision, which basically told Congress that if they didn't like the Presidential use of emergency funding that they could only block it with the 2/3 vote required to override a veto.
The only way Democrats win this lawsuit against the President is if the courts pretty much decide to ignore precedent, ignore the law as it's written, and become part of the Trump "resistance" by making a non-legal claim that what he is doing is "arbitrary" or "without good reason". Unfortunately for the Democrats these argument might fly with a district Judge or two, and possibly even the 9th circuit court of appeals, but they do no fly with most adult appeals courts or the USSC, which is not going to ignore their own precedent on this issue.
The argument apparently does not fly with Trump appointed District judges either.
38 comments:
Watch liberal heads explode as they demand that a Trump judge is biased?
You mean like trump does????? Clearly the decision favorable to donnie.....everything you post shows that bias....why shouldn't this???? When it all sorts out, not in the next week or 2.....The US will figure out they got trolled and answer the question of whether this is sustainable as our mantle of greatness is being destroyed by the minority elected asshole in chief....
U.S. District Judge Trevor N. McFadden denied a House request to temporarily stop spending on the wall, saying the House lacked legal standing to sue the president for allegedly overstepping his power by diverting billions intended for other purposes to pay for it.
“While the Constitution bestows upon Members of the House many powers, it does not grant them standing to hale the Executive Branch into court claiming a dilution of Congress’s legislative authority,” McFadden, a 2017 Trump appointee, wrote in a 24-page decision. “The Court therefore lacks jurisdiction to hear the House’s claims and will deny its motion.”
The decision is at odds with a May 24 ruling by a federal judge in California that temporarily blocked part of the plan because it was using money Congress never appropriated for that purpose.
CONTENT FROM SUB-ZERO, WOLF, AND COVE
"Don't ghost host! Design things, plan things, so that you are able to be part of the party." - Chef Coleman Teitelbaum
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A central issue for both courts is whether diverting the funds is an illegal act that violates the constitutional separation of powers between branches of the government. Both challenges were brought shortly after the president declared a national emergency along the southern border, but the plaintiffs in California included border communities and environmental groups.
The judge in Washington never touched on the merits of the Democratic-led House’s claim, ruling instead that a single chamber of Congress had “several political arrows in its quiver” remaining to address disputes with a president and could not show that it needed courts to intervene as “a last resort.”
Sad....a judge claims no standing.....well, who the fuck has standing???? IOW's the king has spoken and wins!!!!! Keep slurping there Lil Scotty.....sure becomes your ability to swallow....LOLOLOL
“While the Constitution bestows upon Members of the House many powers, it does not grant them standing to hale the Executive Branch into court claiming a dilution of Congress’s legislative authority,” McFadden, a 2017 Trump appointee, wrote in a 24-page decision. “The Court therefore lacks jurisdiction to hear the House’s claims and will deny its motion.”
what's truly ironic here is that the house willfully and gleefully submitted to a dilution of its powers under 0linsky's "pen & phone" initiative, and would have bequeathed even MORE of its power to ol' skeets. particularly those comprising the braintrust known as the congressional black caucus.
dumber fucks have never walked the halls of congress than the CBC.
Denise last year much of the USA was in a Drought. And you pointed to it as "evidence" of GW.
This year you pointed to heavy rain fall as "evidence" of GW.
Are you sure?
The competent ways President Trump continues to Win for America has the Socialist Democrats going nuts.
KD said...
Denise last year much of the USA was in a Drought
Look it up yourself you lazy goat fucking asshole...!!!!!
How much of the country can't plant crops because of excessive rain and flooding?????
Hope your fake farm is under water.....
You can't answer question on GW.
How much of the country can't plant crops because of excessive rain and flooding? "
Less then 2 percent .
98 has been planted or is on schedule.
Every time Denise gets challenged or flatly caught lying he crumbles.
USDA Report
"The flooded acreage represents less than 1 percent of U.S. land used to grow corn, soybeans, wheat, rice, cotton, sorghum and barley. In 2018, some 240 million total acres of these crops were planted in the United States, USDA data shows."
Denise last year much of the USA was in a Drought. And you pointed to it as "evidence" of GW.
This year you pointed to heavy rain fall as "evidence" of GW.
Are you sure?
And the goat fucking idiot gets trapped again and loses another round.....such much stupidity in one being....>BWAAAAAAAAAAA!!!!
Less then 2 percent .
And you would be wrong, asshole....Gotcha again, loser!!!!
https://www.investmentwatchblog.com/due-to-cataclysmic-flooding-millions-upon-millions-of-acres-of-u-s-farmland-will-not-be-planted-with-crops-this-year/
Soybean planting is behind in 16 of the 18 key soybean-producing states, according to the report. So far, just 39% of soybean planting has taken place, compared to the five-year average of 79% by June 2nd, meaning soybean planting is off 50.6%.
In the end, we could easily see more than 10 million acres of U.S. farmland go completely unused this year.
And please don’t assume that the acres that have been planted are going to be okay. In Nebraska, farmer Ed Brummels said that conditions are so bad that it is “like we are trying to plant on top of a lake!”…
It looks like 2019 could be the worst year for U.S. agriculture in modern American history by a very wide margin. As you will see below, millions upon millions of acres of U.S. farmland will go unused this year due to cataclysmic flooding. And many of the farmers that did manage to plant crops are reporting extremely disappointing results. The 12 month period that concluded at the end of April was the wettest 12 month period in U.S. history, and more storms just kept on coming throughout the month of May. And now forecasters are warning of another series of storms this week, and following that it looks like a tropical storm will pummel the region. As Bloomberg has pointed out, we have truly never seen a year like this ever before…
Sorry loser.....!!!!! BWAAAAAAAAA!!!!!!
So now we learn that for his report, Robert Mueller changed the entire substance and meaning of a comment by then Whitehouse attorney John Dowd by deliberately omitting an exculpatory part of it.
We call that fraud Mr prosecutor.
Hey asshole.....check the date of your cite April 1 2019.....very old and BS as I suspected gotcha again!!!!!....Keep lying and proving how desperate you are to show how stupid you really are......Go fuck yourself!!!!
The goat fucking loser once again is caught in a BS lie and
Suddenly disappears again trying to save his ugly old white face.....Wonder when if he will ever learn not to fuck around with things he knows nothing about....So sad and totally predictable for low intellect, non working old white men.....BWAAAAAAAAAA!!!!!
Yes goat fucking idiot
A warmer atmosphere results in greater rainfall as evidenced by the slow moving disaster in the mid west....Too bad you are not suffering the wrath of water....!!!!! Unlike your crap goat fucker, my source is pretty current......BWAAAAAAAAA!!!
https://www.sciencedaily.com/releases/2019/06/190603132612.htm
Downpours of torrential rain more frequent with global warming
Date:
June 3, 2019
Source:
University of Saskatchewan
We call that fraud Mr prosecutor.
And I call you and the rest desperate to change the subject....Read the report yet loser???? I bet not!!!!
A had A report from two months ago is not considered 'very old'. It's normally referred to as a recent report.
Just trying to educate you.
Anonymous American voters said...
A had A report from two months ago is not considered
You obviously can't keep up with the subject or thread llll typical of low intellect idiots......The report in question was about flooding at the beginning of April....new major flooding and rain have occurred since then making the goat fucker look as stupid as you......!!!!! Wanna retract your comment or are you willing to remain looking stupid????? Up to you sport.....BWAAAAAAAAA!!!!
I put the probability of another recored warm year at less than 50% Maybe the goat fucking idiot can answer this question since he is so good at finding shitty and old data.....When was the last month that had a below average temperature ????/ The answer should alarm anyone with a brain which eliminates all the slurpers here!!!!!
Climate scientists warn that 2019 may be the warmest year on record largely as the result of a possible El Niño event exacerbated by man-made global warming.
There is a 90 percent chance that El Niño will form and continue through the Northern Hemisphere winter of 2018-19 and a 60 percent chance that it will continue into the spring of 2019, according to the Climate Prediction Center at the National Oceanic and Atmospheric Administration (NOAA).
El Niño is a part of a routine climate pattern that occurs when sea-surface temperatures in the tropical Pacific Ocean rise to above-normal levels for an extended period of time. It can last anywhere from 4 to 16 months and it typically has a warming influence on the global temperature.
The opposite of El Niño, La Niña, is when sea-surface temperatures in the central Pacific drop to lower-than-normal levels.
These warm and cool phases are part of a recurring climate pattern that occurs across this section of the Pacific, known as the El Nino-Southern Oscillation (ENSO), according to the National Oceanic and Atmospheric Administration (NOAA).
https://www.accuweather.com/en/weather-news/2019-may-be-the-warmest-year-on-record-as-a-result-of-an-el-nino-event-exacerbated-by-global-warming/70006943
Answer to my question....February 1985......yep that's a long time ago!!!!!
Dayum....
The goat fucker is still MIA and hiding like the chickenshit we all know him to be! BWAAAAAAAA!!!!
Interesting data that I have trouble seeing the whole story....did tax breaks work or did we really get screwed....Looks like a wash at best!!!
Despite the majority of Americans receiving a tax cut, the IRS pulled in an additional $93 billion for 2018 from taxpayers on individual income taxes than it did for 2017, according to new data from the IRS. This is in part thanks to the Treasury Department processing 1.5% more individual returns for 2018 than 2017.
After the passage of Tax Cuts and Jobs Act (TCJA), the IRS encouraged taxpayers to update their withholdings, but few did. More than halfway through 2018, after the law took effect, the Government Accountability Office (GAO) warned that more Americans would owe money to the IRS under the new law while those receiving refunds would decrease. In the end, many Americans saw modest increases in their paychecks throughout the year, but didn’t notice.
Instead, as people filed, many bemoaned getting smaller-than-anticipated refunds or even being hit with a “surprise” tax bill.
The IRS collected $1.97 trillion in gross collections (the amount before refunds) for 2018. That figure stood at roughly $1.87 trillion for 2017. Refunds did increase this year — but not by much. The IRS refunded about $398 billion to taxpayers for 2018. For 2017, it was roughly $386 billion.
And after refunds, the IRS collected about $93 billion more from individual American taxpayers than it did in 2017. Interestingly, that number stands close to the tax break amount that corporations received from the TCJA in 2018. Last year, big businesses paid $91 billion less in taxes than they had in 2017, prior to the new law’s passage.
U.S. President Donald Trump departs after giving remarks on tax cuts for American workers during an event in the White House Rose Garden in Washington, U.S., April 12, 2018. REUTERS/Kevin Lamarque
U.S. President Donald Trump departs after giving remarks on tax cuts for American workers during an event in the White House Rose Garden in Washington, U.S., April 12, 2018. REUTERS/Kevin Lamarque
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A bumpy ride
As Americans were being surprised about their tax bills, approximately 40 Democrats in the Senate criticized the Treasury Department for manipulating withholding tables to make it appear as if Americans had received a windfall.
“It looks like the Trump Treasury Department spent 2018, an election year, goosing people’s paychecks by under-withholding, and it should have been obvious that the bill would come due eventually,” Senate Finance Committee Ranking Member Ron Wyden (D-Ore.) said in a statement.
Some amusing Polls for you slurpers to ponder.....not that they mean anything.....!!!
orth Carolina: Trump vs. Biden Emerson Biden 56, Trump 44 Biden +12
North Carolina: Trump vs. Sanders Emerson Trump 46, Sanders 54 Sanders +8
North Carolina: Trump vs. Harris Emerson Trump 51, Harris 49 Trump +2
North Carolina: Trump vs. Warren Emerson Trump 50, Warren 50 Tie
North Carolina: Trump vs. Buttigieg Emerson Buttigieg 52, Trump 48
Poll not polls, they are all the same poll.
What ever you say cramps.....I just called it amusing....which you don't.....Now that is most amusing....LOLOLOL
If polling to get the result you want gets your rocks off then go for it. Have fun.
If polling to get the result you want gets your rocks
I don't do polls and I believe Emerson is an honest broker.....what evidence do you have otherwise or is it you making shit up again like trump????
@ChatByCC
Beside their horrible taste in clothing—
What do Hillary Clinton and Stacey Abrams have in common?
They are both delusional democrat losers who are still in denial and refuse to exit the stage.
They epitomize today’s left.
LOL!
I don't do polls and I believe Emerson is an honest broker.....what evidence do you have otherwise or is it you making shit up again like trump????
You mean other than the poll absolutely contradicts other polls and defy the fundamental demographics in North Carolina? No, not really.
Planting of US Grains are just fine.
Science Denier Dennis don't worry we ranchers and farmers will feed you.
As long as you pay.
The Trump Tax Cuts worked and are Working.
Denise last year much of the USA was in a Drought. And you pointed to it as "evidence" of GW.
This year you pointed to heavy rain fall as "evidence" of GW.
Are you sure?
9 out of control red hot hate post from Science Denier Dennis .
You could just answer the question. You so far have gone Alky Bizzare spamming.
You mean other than the poll absolutely contradicts other polls and defy
IOW's cramps, you have no evidence other than your opinion.....BWAAAAAA!!!! Thanx for playing!!!!
Blogger KD said...
Denise last year much of the USA was in a Drought. And you pointed to it as "evidence" of GW.
Asshole!! .....keep digging goat fucker......BTW....drougnt and excessive rain events are both consistent with a warming atmosphere.....If you knew anything of the science, you would know that!!!!! Thanx again for being such an easy target....
https://www.climatecommunication.org/new/features/extreme-weather/precipitation-floods-drought/
Precipitation has increased in many regions of the world and decreased in others, with little or no net change in the total amount of precipitation. Drought has increased in most places, consistent with expectations for a warming climate. Generally, wet areas have become wetter, and dry areas have become drier in the past 40 years. Precipitation has increased in the eastern parts of North and South America, Northern Europe, and northern and central Asia. Precipitation decreases have been observed in the subtropics and the tropics outside the monsoon trough, namely the Sahel, the Mediterranean, Southern Africa, and Southern Asia.1
Some areas have experienced widening swings between the two precipitation extremes.2 For instance, the summer of 2002 in Europe brought widespread floods, but was followed a year later in 2003 by record-breaking heat waves and drought. In the summer of 2007, widespread flooding in central England (the wettest since records began in 1766) was accompanied by drought and record-breaking heat waves in southeast Europe.3
The Trump Tax Cuts worked and are Working.
Wring again goat fucker......seems that they only work for the elite rich....which you are not and have no income to pay taxes on....You really are amusing and stupid!!!!!!
Lol@Denise
"drougnt and excessive rain events are both consistent with a warming atmosphere."
Omg
Prove my statement wrong goat fucker.....I provided a link, you provided nothing but stupid....Keep digging.....asshole...
For the patently lazy....from the link I posted....
Heavy precipitation contributes to increased flooding, a pattern that has already been observed around the world.1 The frequency of great floods (100-year floods in large basins) increased substantially during the 20th century.2 However, flooding is also affected by various other human activities. For example, deforestation may exacerbate flooding, while changes in land use can greatly influence runoff, which can either increase or reduce the risk of flooding.
Runoff, or the surface water left over when the land cannot soak up any more, has also increased in many parts of the world, consistent with changes in precipitation.3 Regional shifts in precipitation can also increase the risk of flooding by raising water table levels, as seen in the northeastern United States.4
The warming climate is increasing the risks of both flood and drought, but at different times or in different places. For instance, the summer of 2002 in Europe brought widespread floods, but was followed a year later in 2003 by record-breaking heat waves and drought. In the summer of 2007, widespread flooding in central England (the wettest since records began in 1766) was accompanied by drought and record-breaking heat waves in southeast Europe.5
Flooding in large river basins, such as the Mississippi, is not driven by brief, extreme precipitation episodes alone. Rather, extreme precipitation must be sustained for weeks to months to flood the Mississippi. In spring, heavy rains on top of snow can contribute to flooding in northern regions. Such long-term, heavy precipitation episodes are becoming more common in some areas. In the U.S., 90-day periods of heavy rainfall were 20% more common from 1981 to 2006 than in any earlier 25-year period on record.6 Record breaking Mississippi flooding occurred in 2011 in association with very heavy rains, and was followed by extensive flooding further north in the Missouri River basin due to heavy rain and snowmelt.
Recent record floods, such as in Nashville, Tennessee in early 2010, in Pakistan in mid-2010, and in Australia in late 2010, were driven in part by the human-influenced trend toward heavy precipitation.7 Changes in large-scale patterns of atmospheric pressure also contributed to the Pakistan flooding.8
Next Page (Drought) →
Now for discussion on droughts and GW.....what is your backup??????
While climate change has increased precipitation in some areas, in other regions it has contributed to drought.1 Though there are a number of factors that drive drought, such conditions are apt to develop in regions that lack rain; drought is also greatly intensified by increased evaporation from soil and vegetation associated with warming.2 Very dry areas across the globe have doubled in extent since the 1970s.3 In particular, a long-term drying trend (from 1900 to 2008) persists in Africa, East and South Asia, eastern Australia, southern Europe, northern South America, most of Alaska, and western Canada.4
The global increase in drier, hotter areas and the trend in which dry areas are becoming drier can both be traced to the human influence.5 Drying trends have been observed in both the Northern and Southern hemispheres since the 1950s.6 These trends cannot be explained by natural variations but do fit well with climate model expectations for global warming.7 In particular, greenhouse gas emissions have contributed significantly to recent drying by driving warming over land and ocean.8
The increase in drought is caused by many factors: shortfalls in precipitation; earlier snow melt; a shift away from light and moderate rains towards short, heavy precipitation events; and increased evaporation from soil and vegetation due to higher atmospheric temperatures, all of which have been driven at least in part by climate change. Increased heating leads to greater evaporation of moisture from land, thereby increasing the intensity and duration of drought.9
Individual droughts have been linked to climate change, such as the drought that hit central India in 2008 when the north-south pattern of precipitation was disrupted by unusual weather driven by abnormally high sea surface temperatures due in part to global warming.10
Wet and Dry Extremes Both Increasing Across the Globe
The increase in drought is caused by many factors: shortfalls in precipitation, early snow melt, a shift away from light and moderate rains towards short, heavy precipitation events, and increased evaporation due to higher temperatures, all of which have been driven in part by climate change. Increased heating leads to greater evaporation of moisture from land, thereby increasing the intensity and duration of drought.11
Alterations in atmospheric circulation have contributed to the distinctive pattern in global precipitation changes in recent years whereby the subtropics and much of the tropics (with the exception of the monsoon trough) have become drier.12 Rapid warming since the late 1970s has both evaporated large amounts of moisture from the land into the atmosphere and altered atmospheric circulation patterns, contributing to the drying over land.13
Individual droughts have been linked to climate change, such as the drought that hit central India in 2008 when the north-south pattern of precipitation was disrupted by unusual weather driven by abnormally high sea surface temperatures linked to global warming.14
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