Nancy Pelosi and the Democrats made stopping Donald Trump’s border wall the key to their 2020 strategy.
Defeat the border wall and defeat Trump.
But one judge just left Nancy Pelosi seeing red after handing Trump this victory.
After the 35-day government shutdown ended, Donald Trump refused to take the crumbs Democrats provided for the wall.
The President reprogrammed billions in Pentagon and Treasury Department funding and declared a national emergency to unlock nearly seven billion dollars for additional border wall construction.
Democrats did what they always do when President Trump tries to take action to secure the border.
They sued.
But this time they did not end up in front of a friendly Obama judge in some left-wing court.
The Democrats lawsuit drew Washington, D.C. District Court Judge Trevor McFadden.
And from the outset of oral arguments, McFadden made it clear he was no fan of the Democrats lawsuit.
Nancy Pelosi’s worst fears were realized when McFadden rejected the Democrats lawsuit on the grounds that a single chamber of Congress lacked the standing to challenge the President over a fight between two branches of government.
“While the Constitution bestows upon members of the House many powers, it does not grant them standing to hale the executive branch into court claiming a dilution of Congress’s legislative authority,” McFadden explained.
Judge McFadden went on to tear the Democrats arguments apart.
McFadden pointed out that Democrats were using the court as an option of first resort instead of their final chance to seek a remedy to an issue over separation of powers.
“Congress has several political arrows in its quiver to counter perceived threats to its sphere of power,” McFadden added. “These tools show that this lawsuit is not a last resort for the House. And this fact is also exemplified by the many other cases across the country challenging the administration’s planned construction of the border wall.”
McFadden then went on to list all the legislative actions Congress could take – which the House had yet to proceed on – to stop President Trump from reprogramming money to build the border wall.
“But like the plaintiffs in Raines, the House retains the institutional tools necessary to remedy any harm caused to this power by the Administration’s actions. Its Members can, with a two-thirds majority, override the President’s veto of the resolution voiding the National Emergency Declaration. They did not. It can amend appropriations laws to expressly restrict the transfer or spending of funds for a border wall under Sections 284 and 2808. Indeed, it appear to be doing so,” McFadden argued.
“The availability of these institutional remedies shows that there is no ‘complete nullification’ of the House’s power,” McFadden continued.
President Trump hailed the ruling on social media.
“Just had a big victory in Federal Court over the Democrats in the House on the desperately needed Border Wall. A big step in the right direction. Wall is under construction!” President Trump tweeted.
McFadden’s ruling means that border wall construction will proceed.
And that is the best news possible for President Trump’s 2020 re-election prospects.
We will keep you up to date on any new developments in this ongoing story.
