Judge Denies Democrats’ Attempt To Block Trump’s Mexico Border Wall

A federal judge appointed by president Donald Trump has rejected a lawsuit by House Democrats for an injunction that would have blocked Trump from using unappropriated funds to build his border wall with Mexico.

On April 23, the House of Representatives filed a lawsuit requesting Judge Trevor McFadden issue a preliminary injunction against Trump’s plan to spend $6 billion from military construction and counter-drug accounts to build segments of the Mexico border wall. On Monday, McFadden ruled the House lacked standing and the court, therefore, lacks jurisdiction over the case.

“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,” wrote McFadden in his 24-page opinion.

Trump nominated McFadden as a Judge of the United States District Court for the District of Columbia in June 2017.

McFadden also said he doesn’t believe the court should step into the fight between the President and Congress.

"The Court declines to take sides in this fight between the House and the President," wrote McFadden.

"This case presents a close question about the appropriate role of the Judiciary in resolving disputes between the other two branches of the Federal Government. To be clear, the court does not imply that Congress may never sue the Executive to protect its powers."

McFadden also said House Democrats have more options other than the court system to counter Trump’s transfer of funds.

"Congress has several political arrows in its quiver to counter perceived threats to its sphere of power. 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."

Political observers said the ruling is a temporary win for Trump. An Oakland-based federal judge in late May issued a preliminary injunction that blocked the transfer of $1 billion in Department of Defense counter-drug funding to cover expansions and enhancement of Trump’s border wall.

In their lawsuit, House Democrats and several organizations filed a lawsuit against the President's national emergency declaration in April.

The lawsuit argues Trump's choice to move funds for the wall violates the Appropriations Clause of the Constitution. This clause gives Congress power over federal spending. The lawsuit asked McFadden to block spending of money transferred for the wall in addition to future transfers.

House Democrats were supported by a bipartisan group of more than 100 former House members who signed an amicus brief stating that "Rarely in our Nation's history has the Executive Branch launched such an assault on Congress's exclusive legislative powers."

"Without action by this Court to prevent the Administration's usurpation of congressional authority, the unchecked expansion of the Executive's power at the expense of the Legislative Branch will threaten our democracy.”