{"id":1601,"date":"2020-10-11T00:45:07","date_gmt":"2020-10-11T00:45:07","guid":{"rendered":"https:\/\/www.pbmv.com\/blog\/?p=1601"},"modified":"2020-10-11T00:45:07","modified_gmt":"2020-10-11T00:45:07","slug":"appeals-court-rules-trumps-border-wall-illegal-blocks-further-construction","status":"publish","type":"post","link":"https:\/\/www.pbmv.com\/blog\/?p=1601","title":{"rendered":"Appeals Court Rules Trump\u2019s Border Wall Illegal, Blocks Further Construction"},"content":{"rendered":"

by Ian Brickey<\/a><\/p>\n

\"sierra_club.jpg\"<\/p>\n

SAN FRANCISCO \u2014 The Ninth Circuit Court of Appeals last night ruled that President Trump\u2019s use of emergency powers to divert $3.6 billion in military construction funds for the border wall is unlawful. The ruling came in a lawsuit, Sierra Club v. Trump, filed by the American Civil Liberties Union on behalf of the Sierra Club and Southern Border Communities Coalition challenging President Trump\u2019s abuse of emergency powers to build a border wall using funds Congress explicitly denied. Although the district court previously stayed its own injunction blocking these sections of wall, the court of appeals order lifts that stay and requires that construction cease immediately.<\/p>\n

\u201cToday\u2019s decision is monumental for border communities, wildlife and lands. The 9th Circuit court put a stop to Trump\u2019s unconstitutional wall construction with stolen military funds. We should be protecting communities, our democracy, and the environment, not tearing these things apart as Trump was doing,\u201d said Gloria Smith, Managing Attorney at the Sierra Club.<\/i><\/b> \u201cWe rise with border communities to stop this administration from further inflicting its relentless agenda– and will continue fighting illegal wall construction at all levels.\u201d<\/p>\n

\u201cThe courts have once again confirmed what everyone knows: Trump\u2019s fake \u2018national emergency\u2019 was just another pretext for targeting immigrants and border communities,\u201d said Dror Ladin, senior staff attorney with the ACLU\u2019s National Security Project.<\/i><\/b> \u201cIt\u2019s past time for Trump to finally give up on trying to raid the federal budget for his wasteful and illegal project.\u201d<\/p>\n

“This is a much welcomed reprieve for border communities who have been trampled and scarred by deadly walls that undermine our binational and multicultural character,” said Vicki B. Gaubeca, director of the Southern Border Communities Coalition.<\/i><\/b> “Trump’s vanity wall has led to the destruction of our environment, risks extinction of endangered wildlife, and has desecrated tribal, sacred lands, all to become a narcissist’s campaign prop. We need to put an end to immoral, inhumane and wasteful border policies and usher in a new era where people are safe and where we treat others with dignity and respect.”<\/p>\n

The district court last year and the Ninth Circuit Court of Appeals earlier this year ruled that President Trump\u2019s attempt to circumvent Congress and transfer $2.5 billion in military pay and pension funds for border wall construction is also unlawful. The district court blocked the illegal wall construction, but because of a temporary Supreme Court stay on the district court\u2019s order, the Trump administration has continued construction using funds unauthorized by Congress.<\/p>\n

The Supreme Court has not addressed the billions of dollars subject to today\u2019s ruling, which concern different statutory authorities.<\/p>\n

President Trump declared a national emergency on February 15, 2019, to secure border wall funds Congress denied him. While declaring the emergency, President Trump stated that he \u201cdidn\u2019t need to do this<\/a>\u201d but he\u2019d prefer to build the wall \u201cmuch faster.\u201d He added that he declared a national emergency because he was \u201cnot happy\u201d that Congress \u201cskimped\u201d on the wall by denying him the billions he demanded.<\/p>\n

Construction of the border wall has desecrated tribal lands, leveled wildlife preservations, and destroyed border communities.<\/p>\n","protected":false},"excerpt":{"rendered":"

by Ian Brickey SAN FRANCISCO \u2014 The Ninth Circuit Court of Appeals last night ruled that President Trump\u2019s use of emergency powers to divert $3.6 billion in military construction funds for the border wall is unlawful. The ruling came in a lawsuit, Sierra Club v. Trump, filed by the American Civil Liberties Union on behalf […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-1601","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/www.pbmv.com\/blog\/index.php?rest_route=\/wp\/v2\/posts\/1601","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.pbmv.com\/blog\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.pbmv.com\/blog\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.pbmv.com\/blog\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.pbmv.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1601"}],"version-history":[{"count":1,"href":"https:\/\/www.pbmv.com\/blog\/index.php?rest_route=\/wp\/v2\/posts\/1601\/revisions"}],"predecessor-version":[{"id":1602,"href":"https:\/\/www.pbmv.com\/blog\/index.php?rest_route=\/wp\/v2\/posts\/1601\/revisions\/1602"}],"wp:attachment":[{"href":"https:\/\/www.pbmv.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1601"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.pbmv.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1601"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.pbmv.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1601"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}