Appeals Court Resurrects Lawsuit to Stop Trump from Diverting Funds to Border Wall

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Last edited Sat Sep 26, 2020, 07:46 AM - Edit history (1)

https://lawandcrime.com/lawsuit/that-turns-the-constitutional-order-upside-down-appeals-court-resurrects-lawsuit-to-stop-trump-from-diverting-funds-to-border-wall/

'That Turns the Constitutional Order Upside Down’: Appeals Court Resurrects Lawsuit to Stop Trump from Diverting Funds to Border Wall

JERRY LAMBE
Sep 25th, 2020, 12:45 pm

A federal appeals court in Washington, D.C. on Friday resurrected the House of Representatives’ lawsuit seeking to prevent President Donald Trump from diverting money allocated by Congress for military construction projects to build a wall along the U.S.-Mexico border.

U.S. District Judge Trevor McFadden, a Trump appointee, dismissed the House’s complaint in June, finding that the chamber lacked standing to sue the administration. But a three-judge panel on the U.S. Court of Appeals for the D.C. Circuit unanimously disagreed, citing to the court’s recent en banc decision in the case of former White House counsel Don McGahn.

“The McGahn court clearly held that a single house of Congress could have standing to pursue litigation against the Executive for injury to its legislative rights,” wrote Senior Circuit Judge David Sentelle, a Ronald Reagan appointee. Sentelle was joined in the opinion by Circuit Judges Patricia Millet and Robert Wilkins, both of whom were appointed by Barack Obama.