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Appeals Court Lifts Block On $3.6 Billion For Trump Border Wall Plan Rate Topic: -----

#1 User is offline   Liz 

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  Posted 09 January 2020 - 02:27 AM

Appeals Court Lifts Block On $3.6 Billion For Trump Border Wall Plan

A divided panel of the 5th Circuit ruled in the administration’s favor on the use of military construction funds.

Politico
By JOSH GERSTEIN
Updated: 01/08/2020 10:19 PM EST

Excerpt:

A divided federal appeals court has lifted a lower court’s order blocking $3.6 billion in military construction funds that President Donald Trump planned to use to finance an expanded and improved border wall.

The New Orleans-based 5th U.S. Circuit Court of Appeals issued a brief order on Wednesday granting the Trump administration’s request to stay the injunction that U.S. District Court Judge David Briones, based in El Paso, Texas, issued last month.

The three-judge appeals court panel split along ideological lines, with two Republican appointees voting to temporarily set aside the injunction and the sole Democratic appointee dissenting.

The 5th Circuit panel’s majority did not provide a detailed explanation for its action, but noted that last July the Supreme Court stayed a similar injunction issued by a federal judge in Oakland, Calif.

Judges Edith Jones, an appointee of President Ronald Reagan, and Andrew Oldham, a Trump appointee, also said there was a “substantial likelihood” that the plaintiffs in the Texas-based suit — the City of El Paso and the Border Network for Human Rights — lacked legal standing to pursue their claims that Trump’s planned spending violated appropriations limits imposed by Congress.

Judge Stephen Higginson, an appointee of President Barack Obama, said he was not convinced that the Justice Department had a winning case or that there was great urgency justifying the stay.

“Although I agree with my colleagues that this matter presents ‘a substantial case on the merits’ and involves a ‘serious legal question…’ I am unable to agree, without focused panel deliberation and discussion — possibly aided by dialogue with counsel — that the government presently has shown either a likelihood of success on the merits or irreparable harm in the absence of a stay,” Higginson wrote in his dissent.

Higginson also took exception to the panel majority’s denying motions by the city and the border group to expedite consideration of the case.

“This constellation of sensitive and complex legal questions, all in the context of a nationwide injunction, warrant expediting the appeal for

*snip*

Full Article
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#2 User is offline   Ticked@TinselTown 

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Posted 09 January 2020 - 02:30 AM

Getting the business of taking care of American security and sovereignty DONE!
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#3 User is offline   grimreefer 

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Posted 09 January 2020 - 02:37 AM

View PostTicked@TinselTown, on 09 January 2020 - 02:30 AM, said:

Getting the business of taking care of American security and sovereignty DONE!

:thumbsup:


It's just a shame that he has to run a gauntlet to get even the simplest things done. :coffeenpc:
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#4 User is offline   Ticked@TinselTown 

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Posted 09 January 2020 - 02:46 AM

View Postgrimreefer, on 09 January 2020 - 02:37 AM, said:

:thumbsup:


It's just a shame that he has to run a gauntlet to get even the simplest things done. :coffeenpc:


Americans suffer because the Dims behave like petulant toddlers and refuse to do their jobs.
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#5 User is offline   JerryL 

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Posted 09 January 2020 - 04:21 AM

View PostTicked@TinselTown, on 09 January 2020 - 02:46 AM, said:

Americans suffer because the Dims behave like petulant toddlers and refuse to do their jobs.

Right! Freaking emotion based toddlers, absent the whole "good thing you are loveable" bit.

What a concept, a President wanting to use MilCon money to...wait for it...DEFEND the country!! Unreal.
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#6 User is online   mjperry51 

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Posted 09 January 2020 - 06:48 AM

View PostLiz, on 09 January 2020 - 02:27 AM, said:

The three-judge appeals court panel split along ideological lines, with two Republican appointees voting to temporarily set aside the injunction and the sole Democratic appointee dissenting.

<snip>

Judge Stephen Higginson, an appointee of President Barack Obama, said he was not convinced that the Justice Department had a winning case or that there was great urgency justifying the stay.

"Although I agree with my colleagues that this matter presents 'a substantial case on the merits' and involves a 'serious legal question…' I am unable to agree, without focused panel deliberation and discussion — possibly aided by dialogue with counsel — that the government presently has shown either a likelihood of success on the merits or irreparable harm in the absence of a stay," Higginson wrote in his dissent.

Higginson also took exception to the panel majority's denying motions by the city and the border group to expedite consideration of the case.

"This constellation of sensitive and complex legal questions, all in the context of a nationwide injunction, warrant expediting the appeal for


Ideological lines -- this is a problem. . .
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#7 User is offline   Currahee! 

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Posted 09 January 2020 - 08:13 AM

View Postmjperry51, on 09 January 2020 - 06:48 AM, said:

Ideological lines -- this is a problem. . .


EXACTLY.......! Reading Obama’s judges opinion.....sounded like so much Orwellian doublespeak.......it’s the CONSTITUTION ...... you idiot.....not your Ideological line of thought.
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#8 User is offline   Taggart Transcontinental 

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Posted 09 January 2020 - 08:26 AM

View Postmjperry51, on 09 January 2020 - 06:48 AM, said:

Ideological lines -- this is a problem. . .


When the media says ideological lines in this case they are pointing the finger at the Republican appointees because you know the Obama appointee is never in the wrong.
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#9 User is online   mjperry51 

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Posted 09 January 2020 - 08:41 AM

View PostTaggart Transcontinental, on 09 January 2020 - 08:26 AM, said:

When the media says ideological lines in this case they are pointing the finger at the Republican appointees because you know the Obama appointee is never in the wrong.

The media is wrong -- big surprise. . .

That pendulum can swing both ways.

In a perfect world judges would be arbiters of law, not ideology.
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#10 User is offline   erp 

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Posted 09 January 2020 - 09:03 AM

Oh dear! What will Ann Coulter bitch about now?


That poor child. Bless her heart. http://www.rightnation.us/forums/public/style_emoticons/default/cool_shades.gif
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#11 User is offline   KenpoDude 

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Posted 09 January 2020 - 09:14 AM

View Posterp, on 09 January 2020 - 09:03 AM, said:

Oh dear! What will Ann Coulter bitch about now?


That poor child. Bless her heart. http://www.rightnation.us/forums/public/style_emoticons/default/cool_shades.gif


Oh... give the poor girl a break. She just needs a [bunch of] cheeseburger[s] every night for a couple of months.
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#12 User is offline   jr_tex 

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Posted 09 January 2020 - 10:03 AM

Gee, not a word of this on GMA this morning. Just Mike Lee's selfish little tantrum and wall to wall British royalty "issues". BTW< I don't get the obsession with the British monarchy. Didn't we fight a war to leave their rule a while back?
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#13 User is offline   gravelrash 

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Posted 09 January 2020 - 07:31 PM

Constellation? I'll do one better with the Existential "you're either in or out". In what faculty lounge did they find this Professor Jennings?
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#14 User is offline   oki 

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Posted 13 January 2020 - 02:55 PM

When the wall is nearing completion or even portions in key ares are it is going to make it much much more difficult to sneak in.
This will result in the following:

A. It will be much more difficult to illegally enter.
B. That will mean nations such as Mexico will no longer be able to use the U.S. as respiratory and sponge to absorb it's sick and unemployed masses.
C. This will cause HUGE revenue losses to numerous nations south of the border as the number of people here illegally will start to decrease.
D. We will see the savings very quickly in the fact that the billions spent at state and local levels will gradually be saved as the illegal alien population will over time decrease.
E. And this is the big one, IT WILL cause revolutions in some nations south of the border. Why? Because people will no longer be able to just sneak in here, make even a miserable living and send money home. Unable to do this, desperate, hungry and very pi$$ed of leadership will be forced to fix things at home. That will mean either revolution or changing decades old policies and ways of doing things.
I see the former happening because the wealthy and elite will absolutely fight tooth and nail and changes which could affect things.

In the long run it will be a positive, but in the short run it will me messy. We just better be ready because China in particular will gladly 'help' these nations 'transform and improve'.
And, in exchange they will just have to host Chinese troops, bases and missile batteries.
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