A federal judge in California will hear arguments from separate groups of plaintiffs, including 19 states, seeking an injunction to block any construction activity.
By Fred Barbash Fred Barbash Law, constitution and courts Email Bio Follow May 16 at 8:00 AM Three months after Congress refused to fully fund President Trump’s border wall, the administration’s plan to find the money itself, including by declaring a national emergency, faces its first courtroom test on Friday.
To justify a temporary injunction, Gilliam will have to be convinced that the plaintiffs are likely to prevail on the merits after further proceedings and that allowing construction to go forward in the meantime will cause imminent harm.Whatever Gilliam, who was appointed by President Barack Obama, decides will not end the controversy.
The states focus heavily on the tumult of February and as proof that Trump made an end-run around Congress, cite his statement that, “if we don’t get a fair deal from Congress . . . I will use the powers afforded me” to finance the wall. Had Congress wanted to foreclose on any further spending on the wall, it could have said so explicitly through a rider, such as the Hyde amendment, which bars federal spending on abortion, the government argues.
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