The New Orleans-based 5th U.S. Circuit Court of Appeals granted a stay pending the Trump administration’s appeal of a Dec. 10 decision by a federal judge that barred the funding transfer.
In a 2-1 ruling, the panel noted that the U.S. Supreme Court had stayed an injunction in a similar border wall case from the 9th U.S. Circuit Court of Appeals.
The court also said there was a “substantial likelihood” that the parties challenging the funding transfer – the county of El Paso, Texas, and the Border Network for Human Rights – lacked standing to sue the Trump administration.
I pointed this out a while back. Trump went all the way to the USSC to get an injunction lifted on an identical case filed by similar clients in a different jurisdiction. Then two other District Judges decided to reissue new injunctions that ignored (if not completely overturned) the USSC ruling on the subject.
While I realize that the lifting of an injunction is not the same thing as issuing a final ruling, the idea that the USSC has already ordered other injunctions to be overturned, one might get the feeling that the USSC does not want District Court Judges to issue more injunctions for the same arguments.
The funny thing is that the 5th court was not unanimous. An Obama appointee disagreed, claiming that he wasn't convinced that the Trump administration would likely win, nor did he see any tangible harm in the injunction being left in place.
The problem isn't necessarily that the injunction is causing irreversible harm (it might be argued that the building of more wall is where the real harm lies if the plaintiffs were to ultimately win). The problem is more that the case is not without much merit and the chances of the President prevailing is probably in the 95% plus range.
That is why the lower courts were slapped down by the USSC on this one. These are just poorly determined lower court decisions that hold too much hold over something that is quite frankly above their pay grade.
53 comments:
the impoundment power had limits. For example, in 1972, Richard Nixon attempted to impound funds on an environmental project which he opposed. Congress had previously overridden Nixon's veto of the project. The Supreme Court in Train v. City of New York (1975)[1] ruled that the impoundment power cannot be used to frustrate the will of Congress under such circumstances.
The Impoundment Control Act of 1974 was passed as Congress felt that President Nixon was abusing his authority to impound the funding of programs he opposed. The Act effectively removed the impoundment power of the president and required him to obtain Congressional approval if he wants to rescind specific government spending. President Nixon signed the Act with little protest because the administration was then embroiled in the Watergate scandal and unwilling to provoke Congress.[6]
https://en.m.wikipedia.org/wiki/Impoundment_of_appropriated_funds#History
Trump is using money for purposes than the appropriated tax funds for other purposes.
I don't know if this applies for his wall.
Trump is using money for purposes than the appropriated tax funds for other purposes
wha?????
Well Rog...
Good thing that the President's declaration of emergency has nothing to do with the impoundment power, huh? So which complete and total legal moron tried to convince you that the Wall had something to do with impoundment?
The guy next to him eating his cream of wheat.
U.S. intelligence officials have evidence that suggests the Ukraine International Airlines jetliner that crashed in Iran on Wednesday, killing 176 people, was downed by an Iranian missile by mistake, multiple officials told NBC News.
Canadian Prime Minister Justin Trudeau said his nation's intelligence sources also pin blame on Iran for what might be an "unintentional" missile attack
"Trump is using money for purposes than the appropriated tax funds for other purposes"
Cali, that is Alky on emotions.
At least "duck and cover" Alky is out of the financial assisted living home's basement.
I'm just speculating about it. I don't know if it applies in this case.
Shut the fuck up kput'z.
Asking for a friend... did Obama ever get permission to send pallets of cash to these guys ???
S. Rifai
@THE_47th
IRGC is now straight up embarrassing their proxies and militias that spent years convincing us they are not Iranian proxies.
In a press conf today, they had the flags of Hiznollah, Kataeb Hizbollah, Houthis among others.
https://twitter.com/THE_47th/status/1215258396208893952
Omri Ceren
@omriceren
Not just embarrassing their proxies. Also embarrassing hundreds if not thousands of Obama officials, DC thinktankers, and academic foreign policy experts who - many of them for decades - have been running interference for Iran & saying those groups are not Iranian proxies.
Maybe Iran hit that Ukraine jetliner to try to get them mad at Trump and give Schiff something to have more hearings on. Because according to dems, the mullahs are really smart or something.
Alky, just quoting you.
@RichLowery
Is the new standard really that a president of the United States can’t defend against attacks on U.S. personnel by a terror regime because the regime might accidentally shoot down an airliner taking off from one of its own airports?
Swear to God if the Democrats were Deliberately trying to throw the election to Trump they couldn't do a better job.
You dumb fucks are all accepting the cost of a useless wall.....a wall trump swore Mexico would pay for......AT LEAST THE COURTS ARE FOLLOWING THE LAW WHICH PISSES THE MORONIC RIGHT OFF.....TOO FUCKING BAD!!!!!!! I am sure you would have no trouble writing a check for a grand to pick up your portion of the wall you think sooooo important!!!!!!!!! BWAAAAAAAAAA!!!!!
No, that court was overturned again.
That court wasn't upholding the law, it was defying it.
Blogger Roger Amick said...
I'm just speculating about it. I don't know if it applies in this case.
so...
auditioning for an internship with ralph maddow or maggie haberman, alky?
Also embarrassing hundreds if not thousands of Obama officials, DC thinktankers, and academic foreign policy experts who - many of them for decades - have been running interference for Iran & saying those groups are not Iranian proxies.
they're no different than the global warming "scientists" who will tell you whatever the fuck you want to hear to keep the $$$$$$$$$$$$$$$$ rolling in.
Dopie Believe I came up with the Concept of "Peak Oil".
LOS ANGELES (KABC) -- Los Angeles Mayor Eric Garcetti endorsed Joe Biden for president, a Biden aide confirmed Thursday.
Garcetti met with several of the 2020 presidential candidates including Pete Buttigieg and Michael Bloomberg before endorsing Biden.
Garcetti will serve as a national campaign co-chair for Biden for President.
Garcetti has referred to Biden as "a dear friend, an amazing philanthropist, leader."
Blogger Roger Amick said...
Garcetti will serve as a national campaign co-chair for Biden for President.
beautiful. just fucking beautiful.
garcetti is the same dumb fuck who is trying to mandate that only electric cars can offer ride-share services like uber and lyft.
he and slow, quid pro quo joe are made for each other.
Blogger KansasDemocrat said...
Dopie Believe I came up with the Concept of "Peak Oil".
i actually used to work with a guy who had an electric hybrid with a vanity license plate that read "PEAK OIL."
one day i told him that my tundra identifies as a prius. i thought he was going to take a swing at me.
LOL.
Garcetti has referred to Biden as "a dear friend, an amazing philanthropist, leader..."
...who can't keep his bullshit straight about whether he supported or opposed the killing of bin laden.
with your girl kamala-toe out, slow joe's your guy, eh alky?
i kinda figgered you for a warren supporter. i just saw a clip of liz having a grand mal seizure on stage with whoolie-ahn castro.
Alky quoting a stand up comedian.
Referring to Slow Joe as a "amazing philanthropist" .
Really Joe doesn't give away his own money.
Wait , those are two Socialist who believe OPM is "amazing philanthropist".
Thanks RRB
"Elizabeth Warren Goes Full Elaine at Rally with an Awkward Dance to Aretha Franklin’s ‘Respect’"
What a brain dead Fuck.
""Innocent civilians are now dead because they were caught in the middle of an unnecessary and unwanted military tit for tat," Buttigieg tweeted. "
Justice Department Winds Down Clinton Inquiry
January 9, 2020 at 7:09 pm EST
“A Justice Department inquiry launched more than two years ago to mollify conservatives clamoring for more investigations of Hillary Clinton has effectively ended with no tangible results, and current and former law enforcement officials said they never expected the effort to produce much of anything,” the Washington Post reports.
Another huge crowd for Trump
This one in Ohio.
THIS IS A CBS NEWS SPECIAL REPORT. I'M MAJOR GARRETT IN WASHINGTON. CBS NEWS HAS LEARNED THAT US OFFICIALS ARE CONFIDENT THAT IRAQ SHOT DOWN A UKRAINIAN JETLINER OVER TEHRAN IN THE HOURS AFTER IRANIAN MISSILE ATTACKS ON US TARGETS. ONE HUNDRED SEVENTY SIX PEOPLE WERE KILLED, INCLUDING AT LEAST SIXTY-THREE CANADIANS. THIS INFORMATION IS BASED ON US INTELLIGENCE WHICH SOURCES SAY PICKED UP SIGNALS OF A RADAR BEING TURNED ON. US SATELLITES, WE ARE TOLD, ALSO DETECTED TWO SURFACE TO AIR MISSILE LAUNCHES WHICH HAPPENED SHORTLY BEFORE THE PLANE EXPLODED.
Former South Bend, Indiana Mayor Pete Buttigieg blamed President Donald Trump for the downed Ukrainian passenger jet over Iran on Wednesday night.
“Innocent civilians are now dead because they were caught in the middle of an unnecessary and unwanted military tit for tat,” Buttigieg tweeted. “My thoughts are with the families and loved ones of all 176 souls lost aboard this flight.”
A terrorist state shoots down a plane and that idiot excuses their culpability? What a dumbass.
The Socialist Democrats have made thier choice.
They stand against the USA.
The old saying of the longest journey starts with the first step......a positive sign from a responsible corporation....Go burn another log to keep warm and don't forget to breathe deeply to get that smoke deep into your lungs....
JetBlue plans to go completely carbon neutral on all U.S. flights
(Washington Post illustration; iStock)
By Drew Jones January 8
Add to list
JetBlue announced this week that it plans to go carbon-neutral on all domestic flights starting in July, a first for a major U.S. airline.
The company’s plan involves both taking steps to reduce its flights’ overall carbon emissions and increasing its investment in carbon offsets, which are environmental projects that reduce emissions of greenhouse gases in the atmosphere.
“Air travel connects people and cultures, and supports a global economy, yet we must act to limit this critical industry’s contributions to climate change,” chief executive Robin Hayes said in a statement. “We reduce where we can and offset where we can’t. By offsetting all of our domestic flying, we’re preparing our business for the lower-carbon economy that aviation — and all sectors — must plan for.”
With the climate crisis worsening and with millions of flights pumping out carbon dioxide every year, air travel has become a target of global criticism. The “flight-shaming” movement has gained momentum across Europe, most recently surfacing at Sunday’s Golden Globes, when Joaquin Phoenix called out fellow actors for taking “private jets to Palm Springs” for award ceremonies
heh:
Senate Majority Leader Mitch McConnell (R-Ky.) is backing a resolution to change the Senate’s rules to allow for lawmakers to dismiss articles of impeachment against President Trump before the House sends them over.
Sen. Josh Hawley (R-Mo.) announced on Thursday that McConnell has signed on as a co-sponsor to the resolution, which he introduced earlier this week.
Spokesmen for McConnell didn't immediately respond to a request for comment about his support.
Changing the rules would either require a two-thirds vote or for Republicans to deploy the "nuclear" option.
The resolution would give the House 25 days to send articles of impeachment over to the Senate. After that, a senator could offer a motion to dismiss "with prejudice for failure by the House of Representatives to prosecute such articles" with a simple majority vote, according to Hawley's proposal.
https://thehill.com/homenews/senate/477587-mcconnell-backs-measure-to-change-senate-rules-dismiss-impeachment-without
...and increasing its investment in carbon offsets, which are environmental projects that reduce emissions of greenhouse gases in the atmosphere.
carbon offsets = virtue signaling extortion payments to enviro-whack jobs.
thanks for this, dumb fuck denny.
the next time i'm choosing an airline it will be helpful to know who the idiots are out there.
Former South Bend, Indiana Mayor Pete Buttigieg blamed President Donald Trump for the downed Ukrainian passenger jet over Iran on Wednesday night.
i'd like to thank lil petey buttplug for stepping forward and confirming that he's too fucking stupid to be my president.
Anyone but me wonder how many more excuses trump will come up with to justify the assassination??? The latest 2 morphed from destroying the embassy in Baghdad to destroying embassies within hours......I guess to idiots of the right....any thing that sticks to the wall is okay with you.....And I wonder why rat the dumb fuck is not bitching at the Iraq coverage of the shoot down and the MSM covering Iraq denying it without vetting the Iraq sources.....This is getting most amusing especially making fun of the idiots of the right!!!!!!! BWAAAAAAPAAAAAA!!!!!
Rat he dumb fuck posts another POS without vetting.....!!!!
Former South Bend, Indiana Mayor Pete Buttigieg blamed President Donald Trump for the downed Ukrainian passenger jet over Iran on Wednesday night.
Did you actually look up what he said or just ran with what someone made up a headline.....you lazy fucking asshole!!!!! He said nothing of the sort you claimed....typical of dumb fuck trump slurpers with no life!!!!!!! BWAAAAAAPAAAAAA!!!!
the next time i'm choosing an airline it will be helpful to know who the idiots are out there.
Or maybe you can learn to fly yourself.....BWAAAAAAAAA!!!!!! Going to happen asshole, no matter how fake you think it is!!!!!!
Very interesting poll from Pa......maybe light is at the end of the tunnel!!!!
Muhlenberg College/Morning Call Pennsylvania Presidential Election Survey November 2019
1. With the 2020 Presidential Election less than 1 year away, a solid majority (57%) of registered voters in Pennsylvania do not believe that Donald Trump deserves reelection for another term as President of the United States.
Key Findings:
2. In matchups with three leading Democrat challengers President Trump trails his opponents, with former Vice President Joe Biden holding a 9 point lead over the President and Senators Elizabeth Warren and Bernie Sanders holding 5 point leads over Trump.
3. While holding advantages over President Trump in head-to-head matchups, Biden, Warren and Sanders all struggle with favorability rating among Pennsylvania voters with more voters holding unfavorable rather than favorable views of each potential Democratic nominee.
4. Pennsylvania voters are in essence equally divided on whether or not President Trump should be impeached and removed from office.
5. Just under 6 out of 10 Pennsylvania voters (59%) indicate that President Trump can’t be trusted.
Carbon offsets are nothing more than indulgences sold by the church of Global Warming.
And cramps comments are nothing more than an unlearned opinion typical of trump science denying slurpers....!!!!!
Did you actually look up what he said or just ran with what someone made up a headline....
actually, dumb fuck, i responded to a pederast comment.
so take it up with him.
i responded to a pederast comment.
IOW's the lazy fucking asshole of NY did not look at the actual words....Thanx for playing!!!!!!!! Asshole!! God you zee stupid!!!
Anyone but me wonder how many more excuses trump will come up with to justify the assassination???
nope.
all trump has ever offered as justification has been the following:
salami is directly responsible for killing and maiming over 1000 service men and women.
salami orchestrated the attack on our embassy in baghdad.
salami was planning additional attacks on americans and american assets in the region.
to me, any one of those taken individually is enough justification for me. taken collectively i'm left to wonder why we let this piece of shit live as long as he did.
so relax dumb fuck. we will, at some point, elect another moose-limb appeasing & fellating coward like 0linsky. you can count on it. but in the meantime let's enjoy the death and destruction trump is raining down upon our sworn enemies. it keeps them off balance, and as a bonus it reveals how much American democrats and the media (redundant, i know) hate this nation.
Job report disappoints but still maintains slow growth and continues the uninterrupted streak of job growth started under Obama!!!!!! BWAAAAAAAAAA
all trump has ever offered as justification has been the following:
BWAAAAAAAA!!! God you are a stupid fuck by providing 6 more changing reasons for the killing....Nice try for z brain damaged asshole like yourself!!!
salami was planning additional attacks on americans and american assets in the region.
BWAAAAAAAAAA!!!!!! And so is kim and Putin and assad!!!!!!!
John Hayward
@Doc_0
Hi Democrats! The scumbag terrorist regime you've allied yourself with is busy destroying evidence and claiming the missile attack you blamed on Trump didn't happen at all. You must be SO proud of yourselves right now.
Must be behind the times. The 79 year old idiot who bleats here non-stop (what a life or should I say what a remaining life ?) probably is ready to blame it on climate change or global warming or whatever they are running with now.
ROFLMFAO !!!
Ben Rhodes
@brhodes
We should have a foreign policy that is focused on climate change and not endless wars.
The Truth Monkey
@TheTruthMonkey
I can’t believe this fucking guy was in charge of us foreign policy and national security at one point in time. Thanks Obama.
AOC refuses to Pay Union Dues.
"“Sometimes the question comes: 'Do you want to be in a majority or do you want to be in the minority?'” Rep. Gregory Meeks, D-N.Y., told Fox News, when asked about AOC's stance. “And do you want to be part of a team?"
Another Democrat was less diplomatic: “Deadbeat Cortez should pay her bills,” complained the Democratic source. “She’s always whining about people paying their fair share and here she is leaving her friends with the bill.”
The battle within the Democrat Party heats up , over "money" the very thing they say the don't care about.
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