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re: 16 states sue trump/federal government over executive overreach

Posted on 2/19/19 at 7:20 am to
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98663 posts
Posted on 2/19/19 at 7:20 am to
quote:

I wonder what their standing is.


Pretty sure Supreme Court said immigration was the fedgov's sandbox just a few years ago.

Oh...and where were you when Obama enacted the EO that Trump is using?
Posted by incognegro1
Member since Jun 2018
90 posts
Posted on 2/19/19 at 7:37 am to
Nice to see all these states not on the Mexico border jumping in to sue. Grandstanding at its finest.
This post was edited on 2/19/19 at 7:39 am
Posted by IceTiger
Really hot place
Member since Oct 2007
26584 posts
Posted on 2/19/19 at 7:41 am to
quote:

executive power needs to be curtailed. shouldn't be a partisan issue. Republican and Democratic presidents have both been guilty of it.


That may be, but it's literally and actually the President's job to protect the country
Posted by GoldenGuy
Member since Oct 2015
10868 posts
Posted on 2/19/19 at 7:42 am to
quote:

Pretty sure Supreme Court said immigration was the fedgov's sandbox just a few years ago.


quote:

Arizona v. United States, 567 U.S. 387 (2012), was a United States Supreme Court case involving Arizona's S.B. 1070, a state law intended to increase the powers of local law enforcement who wished to enforce federal immigration laws. At issue is whether the law usurps the federal government's authority to regulate immigration laws and enforcement. The Court ruled that sections 3, 5(C), and 6 of S. B. 1070 were preempted by federal law, but left other parts of the law intact, including a provision that allowed law enforcement to investigate a person's immigration status.


Reap what you sow.
Posted by Nguyener
Kame House
Member since Mar 2013
20603 posts
Posted on 2/19/19 at 7:43 am to
quote:

states are California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Virginia and Michigan, with Massachusetts and Washington


This is how civil wars start.

The South needs a border fence to defend itself from an invasion in the southern border, and the north is currently suing to make sure the president cannot protect the citizens of the South.
Posted by Nguyener
Kame House
Member since Mar 2013
20603 posts
Posted on 2/19/19 at 7:44 am to
quote:

Grandstanding at its finest


It's not grandstanding. It's actively inciting civil war.
Posted by saints5021
Louisiana
Member since Jul 2010
17467 posts
Posted on 2/19/19 at 7:45 am to
If these are the civil war states, I am not worried at all. I think the rednecks between Texas and Alabama could take every snowflake state listed.
Posted by SDVTiger
Cabo San Lucas
Member since Nov 2011
73469 posts
Posted on 2/19/19 at 7:45 am to
Well yeah Trump already told us this at the press conference

Yall walk directly into his trap yet again
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 2/19/19 at 7:46 am to
quote:

Stop pretending that the wall doesn't have broad support.
Perhaps it does, and perhaps it does not, but that is not the issue in the lawsuit. The ISSUES are (basicaallIy:

Is construction of a border Wall an “emergency” for purposes of the NEA?. Few would assert that control of the border is not an important issue, but that does not make construction of a Wall an “emergency. There is certainly evidence that even Trump,did not consider this project to be an “emergency,” but the evidence is not overwhelming either way. It may eventually depend upon who has the burden of proof and what the standard may be.

Is construction of a border Wall undertaken for “law enforcement purposes,” as that term is defined in 31 USC 9705?. Absent a specific Congressional prohibition, it probably qualifies, so the question thus becomes one of whether Congress prohibited such construction.

Is construction of a border Wall undertaken for “roads and fences and ... lighting,” as that term is defined in 10 USC 284?Basically, when does something ceases to be a “fence’” and become a “Wall?”. Trump does not help his argument by insisting thar fences are not enough and calling his project a Wall.

Is construction of a border Wall something that “REQUIRES use of the armed forces,” for purposes of 10 USC 2808?”. In other words, COULD a border Wall physically be constructed without the use of the armed forces.”. COULD an entity other than the military engage in this construction?

Is construction of a border Wall “military construction project() .... necessary to support (deployment) of the armed forces.,” as that term is defined in 10 USC 2808?” In other words, could US troops patrol the border without a big, beautiful 30-foot concrete Wall?

Honestly, most of these questions could go either way.
This post was edited on 2/19/19 at 8:01 am
Posted by roadGator
Member since Feb 2009
140074 posts
Posted on 2/19/19 at 7:48 am to
So filth run states are suing... Lol

Shocking
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 2/19/19 at 7:48 am to
It is hardly prescient to predict that you will be sued for doing something that half the country thinks is illegal (not authorized by statute).
This post was edited on 2/19/19 at 8:02 am
Posted by SSpaniel
Germantown
Member since Feb 2013
29658 posts
Posted on 2/19/19 at 7:49 am to
quote:

I wonder what their standing is.


Posted by 995webmaster
New Orleans
Member since Dec 2007
3780 posts
Posted on 2/19/19 at 7:51 am to
quote:

16 states sue trump


So 34 slacker states.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 2/19/19 at 7:51 am to
quote:

I didn’t need to do this, but I’d rather do it much faster.”
In legal terms, that is called an “admission.”. It certainly does not help or support Trump’s claim that Wall construction is an “emergency” for purposes of 10 USC 2808.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
51535 posts
Posted on 2/19/19 at 7:53 am to
quote:

I would assume if any of the funds being diverted impact their state that would qualify as "standing".


They'll have to prove the funds are being diverted from their state(s). That hasn't been decided yet so they can't have standing there at the time of filing. At the very least they've shot their wad too soon and handed the administration a map of where not to pull funds from.



Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 2/19/19 at 7:54 am to
quote:

executive power needs to be curtailed. shouldn't be a partisan issue. Republican and Democratic presidents have both been guilty of it.
This is the broader, public-policy concern, but it has little relevance to the propriety of Trump’s actions under the NEA as it now exists.

The NEA is crappy legislation and should be substantially revised, but that iis a distinct issue.
Posted by SDVTiger
Cabo San Lucas
Member since Nov 2011
73469 posts
Posted on 2/19/19 at 7:54 am to
quote:

In legal terms, that is called an “admission.”


Admission to what?

quote:

It certainly does not help or support Trump’s claim that Wall construction is an “emergency” for purposes 


Everyone who isnt an idiot knows theres an emergency at the border liberal hank
Posted by roadGator
Member since Feb 2009
140074 posts
Posted on 2/19/19 at 7:56 am to
Admission that congress isn't doing its job.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 2/19/19 at 7:56 am to
quote:

34 stares in line with the President.
Hardly. I suspect that some percentage of those States just did not want to expend their funds, when someone else was handling the problem. Classic “free rider” scenario.
Posted by Gaspergou202
Metairie, LA
Member since Jun 2016
13494 posts
Posted on 2/19/19 at 7:56 am to
quote:

I wonder what their standing is.

In the three rings of the Ninth Circus, libtards don’t need no stinking standing!
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