Judge Tosses House Democrats’ Lawsuit over Use of Military Funds for Border Wall

A federal judge on Monday blocked the attempt by House Democrats to temporarily stop President Donald Trump from reallocating military funds to the construction of his campaign promise border wall.

Following several legal defeats, Judge Trevor McFadden, who was appointed by President Trump, finally handed the White House a much needed victory, ruling that congressional Democrats cannot use the judicial system to stop the President from transferring military funds toward the building of the wall “because the Constitution grants the House no standing to litigate these claims.”

“To be clear, the Court does not imply that Congress may never sue the Executive to protect its powers,” Judge McFadden wrote, according to The Hill

He also argued that the House has not shown it has standing in court and as a result, “the Court cannot assume jurisdiction to proceed to the merits.”

Last week, another federal judge issued a different ruling, stressing that the Trump administration cannot use military funding for the construction of the wall as President Trump aimed to do when he declared national emergency earlier this year.

House Democrats have argued that they can sue the President in court because his effort to divert military funds was unconstitutional as funding can only be appropriated by Congress. The administration denies such claims, saying that under no circumstance is Congress allowed to sue the executive.

McFadden further noted that suing the President was not the House’s last resort and thus denied the attempt. “The Court declines to take sides in this fight between the House and the President,” he added.

California Judge Haywood Gilliam, another judge dealing a blow to the White House, ruled last month to partially stop the administration from tapping the Pentagon funding, a ruling the administration has vowed to appeal.

The Justice Department applauded the latest ruling, echoing the judge’s comments that “the House of Representatives cannot ask the judiciary to take its side in political disputes and cannot use federal courts to accomplish through litigation what it cannot achieve using the tools the Constitution gives to Congress.”

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