As usual, when Democrats don’t get their way, they sue. President Donald Trump wants to build a wall on the border between Mexico and the United States, the people financing the Democrats don’t want that, so they mount a lawsuit.
That was the plan to get the wall construction stopped.
It failed on Tuesday when a judge dismissed the case.
Led by Speaker Nancy Pelosi, House Democrats voted to sue in the U.S. District Court for the District of Columbia, seeking an injunction against the Departments of Treasury, Defense, Interior and Homeland Security, to block construction of the wall. House Democrats argued the administration’s actions violate the Appropriations Clause of the U.S. Constitution.
The Department of Justice argued the House lacks standing to bring this political fight into federal court. House Democrats countered the Trump administration’s actions amounted to inflicting an “institutional injury” on Congress.
“The power of federal courts is not an unconditioned authority to determine the constitutionality of legislative or executive acts,” wrote Judge Trevor McFadden, quoting Supreme Court precedent.
“As the plaintiff, the House bears the burden of establishing standing,” the Trump-appointed trial judge continued. “The Court presumes that it lacks jurisdiction unless the contrary appears affirmatively from the record.”
Oops. It looks like the Democrats overreached, and got their hands slapped for trying to steal from the cookie jar.
So that’s one hurdle to getting the wall built gone. In addition, though, this case demonstrates why the executive branch is so important – the courts. Barack Obama left over a hundred open seats on the Federal bench that President Trump and his team have been systematically filling with control of the Senate. This case is one of the reasons why that was an objective that had to be achieved in the battle to retain the nation as the people wish it to be.