A Clinton appointed judges defies the Supreme Court on the border barrier

Red States:

Another federal judge has decided that Trump building a border wall through his emergency declaration is illegal. This came from Judge David Briones, a Clinton appointee (shocked face). His reasoning is as specious as the first judge that tried this.

Another federal judge ruled against President Trump’s use of a “national emergency” declaration to divert funds for the construction of a border wall on Friday, finding the use of an emergency proclamation “unlawful” because it violated a Congressional budgeting measure from January.

“The Congressional language in the [bill] reveals Congress’s intent to limit the border barrier funding,” wrote Judge David Briones, who was appointed to the federal District Court for the Western District of Texas by former President Bill Clinton.

There’s so much wrong when you drill down into this.

First, how does El Paso County and an activist group (who are the plaintiffs here) have standing to challenge federal agencies using federal funds on federal land? The simple answer is that there’s no legal reason they have standing. Yet, this judge decided they did based on the laughable notion that El Paso County would suffer “damage to their reputation.” By such a standard, anyone could have standing in any lawsuit against the federal government. It’s just ludicrous.

The Supreme Court has already slapped down a judge earlier this summer for an equally ridiculous ruling, which bounced back and forth between the 9th circuit originally. In it, the issue of standing came up, as it was yet another activist group doing the suing. The highest court has already ruled that Trump’s use of the emergency declaration is lawful and the gyrations of this judge don’t change that.

In the end, this will make it’s way up the change and be overturned. But until Chief Justice John Roberts stops sitting on his hands, lower court judges will continue to spit in his face and gum up the judicial system with unsupported rulings such as this. Allowing this ruling to stand for even a day is an affront to our system. It’s not enough to let this spend months going through the system. The Supreme Court should immediately overrule this and then take away the ability for district court judges to make national injunctions.
Democrat judges have become activists in robes since the election of President Trump.  They have repeatedly abused their position for political reasons.  Since this judge is in Texas his ruling will likely be quickly overturned by the 5th Circuit.


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