In yet another federal ruling detached from the law, the Constitution, or any sense of reasonable jurisprudence, a federal judge in California has blocked President Trump from using billions of dollars’ worth of military funds to further construct a wall across the U.S. border with Mexico. The handiwork of U.S. District Judge Haywood Gilliam, this permanent injunction will stop the president from following through with his plan to divert $2.5 billion in Pentagon funds to the border construction project. Gilliam’s ruling (somehow) will block the administration from continuing wall progress in not only California, but New Mexico, Arizona, and Texas as well.
Gilliam, who was appointed to the court by President Obama, is presiding over a lawsuit brought against the Trump administration by several liberal groups, including the ACLU. They are challenging the authority upon which the executive branch can appropriate funds provided to the military by Congress. While Trump argues that his national emergency provides all the justification needed to redirect the funds to the border, the judge ruled that the case for using that money for a wall was unpersuasive.
“Because no new factual or legal arguments persuade the court that its analysis in the preliminary injunction order was wrong, [the groups’] likelihood of success on the merits has ripened into actual success,” Gilliam read, referring to a previous, temporary block he granted the plaintiffs.
In other words, Gilliam is saying here: “Hey, look at that, I was right in the first place.” This is the judicial equivalent of a self-pat on the back.
While Gilliam had no choice but to acknowledge the Trump administration’s authority over border/national security, he said that the plaintiff groups would suffer “irreparable harm” if construction were permitted to go forward.
“It will harm their ability to recreate in and otherwise enjoy public land along the border,” he wrote.
Well, it is certainly more important that the Sierra Club be able to freely photograph the red-billed, two-horned dilliwip than to protect our country from being overrun by Central American migrants. Like, that’s just common sense.
“All President Trump has succeeded in building is a constitutional crisis, threatening immediate harm to our state,” boasted California Attorney General Xavier Becerra. “President Trump said he didn’t have to do this and that he would be unsuccessful in court. Today we proved that statement true.”
What Becerra fails to mention is that Trump also predicted that he would ultimately be successful at the Supreme Court level. And since the Constitution and U.S. law is clear about the president’s authority (and, indeed, responsibility) to protect our borders, we are confident that this will only be a temporary setback.