Online Editor of the LexisNexis Immigration Law Community (ILC)
Dan Kowalski reports for LexisNexis Immigration Community:
Daniel M. Kowalski
12 Oct 2020
CA9 on Use of Military $ for Border Wall
“This appeal presents the question of whether the emergency military construction authority provided by 10 U.S.C. § 2808 (“Section 2808”) authorized eleven border wall construction projects on the southern border of the United States. We conclude that it did not. We also consider whether the district court properly granted the Organizational Plaintiffs a permanent injunction and whether the district court improperly denied the State Plaintiffs’ request for a separate permanent injunction. We affirm the decision of the district court on both counts. … We hold that the States and Sierra Club both have Article III standing and a cause of action to challenge the Federal Defendants’ border wall construction projects, that Section 2808 did not authorize the challenged construction, and that the district court did not abuse its discretion in either granting a permanent injunction to Sierra Club or in denying a separate permanent injunction to the States.”
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PANEL: THOMAS, Chief Judge, and WARDLAW and COLLINS, Circuit Judges
Opinion by Chief Judge Sidney R. Thomas; Dissent by Judge Collins
The only real question here is whether the Supremes will bail out the regime’s scofflaws once again.
PWS
10-13-20