President Trump’s border wall funding plan has hit a new barrier — a preliminary injunction from an Obama-appointed federal judge.
California U.S. District Court Judge Haywood Gillam limited new border fencing to specific areas and partially blocked the usage of military funds to pay for it.
But worse news for Trump was the reasoning behind the injunction, which indicated the judge is likely to rule as unconstitutional Trump’s declaration of a national emergency at the southern border.
“The position that when Congress declines the Executive’s request to appropriate funds, the Executive nonetheless may simply find a way to spend those funds ‘without Congress’ does not square with fundamental separation of powers principles,” Gillam said.
Gillam’s alleged concern about subverting Congress is likely to be seen as a political maneuver rather than sincere conviction, considering his appointment under an administration that routinely used executive orders to do exactly that.
The injunction was requested by the ACLU, acting on behalf of the Sierra Club and the Southern Border Communities Coalition.
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