A United States federal court ruled Wednesday that President Donald Trump’s executive order threatening to withhold funding to sanctuary cities is unconstitutional.
The 9th Circuit Court of Appeals upheld the U.S. district court’s decision by a split of 2-to-1 with the dissenting judge asserting the case is not ripe for review.
The decision comes after two counties, San Francisco and Santa Clara, filed lawsuits against the Trump administration after the White House threatened to deny federal funds to jurisdictions refusing to cooperate with U.S. Immigration and Customs Enforcement. (RELATED: Liberal Court Rules The Second Amendment Protects The Right To Openly Carry A Firearm)
The summary of the opinion reads that “the panel held that, under the principle of Separation of Powers and in consideration of the Spending Clause, which vests exclusive power to Congress to impose conditions on federal grants, the Executive Branch may not refuse to disperse the federal grants in question without congressional authorization.”
There was also not enough evidence backing a nationwide injunction and it was “remanded for reconsideration and further findings.”
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