President Donald Trump’s prediction that he would be sued in the 9th U.S. Circuit Court of Appeals jurisdiction for declaring a national emergency at the southern border now seems well on its way to coming to fruition.
Trump delivered a singsong rendition of what he expected to happen in his Friday Rose Garden announcement, saying, “We will have a national emergency, and then we will then be sued, and they will sue us in the 9th Circuit, even though it shouldn’t be there. And we will possibly get a bad ruling, and then we’ll get another bad ruling. And then we’ll end up in the Supreme Court, and hopefully, we’ll get a fair shake.”
President Trump: “We will have a national emergency and we will then be sued, and they will sue us in the 9th Circuit, even though it shouldn’t be there, and we will possibly get a bad ruling and then we’ll get another bad ruling and then we’ll end up in the Supreme Court…” pic.twitter.com/pYvliSM14b
— CSPAN (@cspan) February 15, 2019
Trump’s dark humor quickly became reality Monday evening when 16 states sued the president over the national emergency declaration. The suit was organized by the State of California and filed in the Federal District Court in San Francisco, which appeals to the 9th Circuit Court of Appeals.
Other states that joined the lawsuit include Colorado, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon and Virginia.
“Contrary to the will of Congress, the president has used the pretext of a manufactured ‘crisis’ of unlawful immigration to declare a national emergency and redirect federal dollars appropriated for drug interdiction, military construction and law enforcement initiatives toward building a wall on the United States-Mexico border,” the lawsuit declares.
EL PASO, TEXAS – FEBRUARY 12: People work on the U.S./ Mexican border wall on February 12, 2019 in El Paso, Texas. U.S. President Donald Trump visited the border city yesterday as he continues to campaign for more wall to be built along the border. Democrats in Congress are asking for other additional border security measures. (Photo by Joe Raedle/Getty Images)
The lawsuit follows Trump’s political defeat in Congress when he was only able to secure $1.375 billion in funding for his proposed border wall. The president long requested $5.7 billion in wall funding and instead will tape funds available to him under his executive powers.
These funds include $600 million available to him as a result of asset forfeiture, appropriate funding under his authority to interdict drug corridors; it also includes use military construction funds available to him under his authority as commander-in-chief. (RELATED: Trump Will Sign Border Bill, Declare National Emergency)
White House officials long feared the lengthy court process which could enjoin court battles over a national emergency declaration. One official pointed out to The Daily Caller that the court battle over the travel ban took nearly one year to process its way through the courts even though the administration was ultimately vindicated.
Officials fear that border wall funding will be held in legal limbo as the 2020 presidential election draws closer and closer.
