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These States Do Not Have Standing to Sue Over Border Wall Declaration


It was not a surprise when a coalition of 16 states filed suit against the Trump administration on Monday, aiming to block the president’s declaration of a national emergency. Left-wing governors, attorneys general, and special interest groups signaled that they would take legal action the moment the ink was dry on Trump’s executive order.

But while we expect that the courts will (eventually) find in favor of the president’s clear authority in matters of national security, we were a little surprised to see how easy Democrats are making it for the administration to win this case.

Here’s a look at the states involved in this lawsuit: California, New York, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon and Virginia.

It’s worth noting that all of these states but one are governed by Democrats, but the more important thing to realize is that very few of them would be affected – in any meaningful, legal sense – by this executive order. What business is it of Virginia’s that President Trump is building a wall across the southern border of the United States? Maine? HAWAII? Are you kidding right now? The only states that have any reasonable standing whatsoever are California and New Mexico; a clearheaded judge will throw this lawsuit out on that basis before ever digging into the merits of the case.

Unfortunately, we’re unlikely to get to a “clearheaded” judge for some time. The plaintiffs cleverly filed their suit in the Federal District Court of San Francisco, all but guaranteeing them a sympathetic judge for the initial proceedings. And once the lower court has found in favor of the plaintiffs, the case will be appealed to – you guessed it – the Ninth Circuit Court. Say what you will about the Democrats, they know what they’re doing when it comes to shopping for a judge.

In an interview, California Attorney General Xavier Becerra made a weak, rambling argument for standing. He told the New York Times that “the president’s unconstitutional action could cause harms in many parts of the country.” Elaborating, he said that the states “could lose funding that they paid for with their tax dollars, money that was destined for drug interdiction or for the Department of Defense for military men and women and military installations.”

We’re not exactly sure what Becerra is getting at, but it almost sounds as though he’s telling the Times that these states would be hurt by the wall because they would immediately lose an influx of drug-dealing illegal immigrants. We surely hope that he takes that argument to court with him. That would prove tough for even the most Resistance-aligned judge to sign off on.

With the absurdity of this lawsuit in plain view, we may not even have to wait for the Supreme Court to weigh in.

Then again, we’ve thought that before. Never underestimate the willingness of a liberal judge to ignore the law in favor of a good ol’ “stick it to ‘em” ruling.

What do you think?

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    • That`s not fair , just because these crack head Governors are doing this ,does not mean the people of the state all want it . We hear in Colorado, have been over run with DP Ca. Idiots , plus voter fraud If it was up to me that wall would already be in place

  1. Unfortunately, we’re unlikely to get to a “clearheaded” judge for some time. The plaintiffs cleverly filed their suit in the Federal District Court of San Francisco, all but guaranteeing them a sympathetic judge for the initial proceedings. And once the lower court has found in favor of the plaintiffs, the case will be appealed to – you guessed it – the Ninth Circuit Court. Say what you will about the Democrats, they know what they’re doing when it comes to shopping for a judge.

  2. The real issue is that these states are NOT acting in the best interests of their state or the legal residents. The fact that a lot of these states practice sanctuary status for illegals does not bode well for their state’s dollars, safety, welfare, or health. Tax dollars are being spent on illegals for welfare, medical, food, transportation, housing and about everything else. California’s officials both state and federal are either crooked or stupid. I always thought no one could be dumber than Jerry Brown but the new California governor is even a bigger fool than Brown. Harris, Feinstein, Schiff, and most all of the Dems(how could I forget the mouth..Maxine) are either subversive or just mentally incompetent.Colorado officials are probably just high and the rest are wanting to harvest votes so they can stay in office. Pathetic and criminal!

    • Don’t forget the worst of them, Pelosi. I’ve been a California voter in traditionally conservative Orange County for nearly 4 decades and never seen the situation turn like this. I’ve never voted Pelosi, Schiff, Newsome, Waters, Harris or Not-so-finestein, but they just keep coming. It’s got to be voter fraud. No other explanation. Are Californians really this out of touch? Nothing these people do is in the best interest of California, let alone the United States.

      • I live in CA also and object to my tax money being used do sue the Federal government. Plus, the Supreme Court has already ruled on this matter. When Arizona wanted to do something about the illegals coming into their state the Supreme Court declared that one state could not rule in that way but the immigration situation was under the administration in D.C. So, if Newsom and Becerra want sue President Trump let them use their own funds not my tax dollars. Too bad that we who object to this action can’t turn things around and sue the pants off of those two.

      • It’s called the new California Ballot Harvesting law the Dems enacted. That is how they stole the elections here in Orange County in November. They sent out absentee ballots to everyone and when they didn’t get them back, they sent out people to harvest the ballot and even fill it in for citizens or non-citizens!! On election day they just drive the boxes to the polls and add another 250,000 votes to topple the GOP and put their guy in office!!
        Pretty slick, eh? If people in California don’t wake up we will look like every other shithole in the U.S. run by the Dems!!!

  3. Michigan is one of the states ……..the attorney general took it upon herself to file …….It wasn’t voted on…..it wasn’t discussed…….she just did it. It sucks they have that kind of powe

  4. Just more proof that the demo-rats do not care about the citizens of this country, they only care about THEMSELVES and how they can DESTROY President TRUMP. Their GREED is so over the top that their Hate for the President is the factor in destroying this country. It is the demo-rats self centered GREED that is the BIGGEST enemy of our FREEDOMS. There are only 4 states that are on the front line, CA, AZ.NM, & TX. the rest of the states are all secondary in importance and do not need to be involved. THE WALL IS TO PROTECT ALL OF AMERICA AND OFFER POSITIVE CONTROL OF THOSE WHO WANT TO COME TO THE UNITED STATES. THE COST OF ILLEGAL ALIENS IS OBNOXIOUS AND TAKES AWAY FROM OUR OWN CITIZENS. AND THE UNDECLARED MONEY THEY SEND OUT OF THE COUNTRY WOULD SOLVE MANY OF OUR OWN PROBLEMS, JUST THINK ABOUT IT AND HOW WE CITIZENS ARE BEING SCREWED BY THE DEMO-RATS AND ALL THE ILLEGALS!

  5. Illinois is a lost cause. We conservatives in Illinois don’t have a voice anywhere in Springfield. And now, with Governor Jelly Belly, it’s going to get even worse for Illinoisans. I’m praying that the Supreme Court overturns anything that happens in the liberal district and appellate courts and MAKES THESE SANCTUARY STATES PAY severely for their foolish and frivolous lawsuit.

    • Same in Oregon! 5 county’s out of 36 control the voting. Rural folks are no longer represented in Oregon. Something has to give as the city folks don’t relate to rural America, it’s like two different worlds.very sad but true.

    • Illinois State Representatives Mike Bost is our only Republican in Office to support the Illinois Conservatives. We as Republicans need to come together in 2020 and vote out of office Durbin and Duckworth. Start turning our state back to red and get rid of these country destroying democrats. People are leaving our state by the groves because of these illegal immigrants with their sanctuary state that these illegal loving democrat just love. Time to take back our state and show these loser so-called democrats the Damn Door!

  6. I think all like-minded Americans should get together in a Class Action suit and sue the Democrats in Congress (and some Republicans too) for “Dereliction of Duty” by not enforcing the immigration laws already on the books. After all, in most cases, they swore on the Bible to uphold the Constitution, didn’t they? Maybe Larry Klayman or Jay Sekulow would take the case if we all kicked in a small stipend (like $10.00 each), which would amount to quite a sum if we could get a few million participants. These people have long used the Congress for their own personal gain, ignoring the reasons they are there in the first place….., TO SERVE THEIR CONSTITUENTS! I am very tired of these hooligans doing as they please and acting like they are OUR bosses, when it is just the opposite! Anybody think this is a good idea? Remember, there is power in numbers!!

      • Ellen, I have been discussing this with friends who agree also. I have been trying to figure out the logistics, like where people would send the money and how to keep track of the names and addresses, etc. It would be a pretty large undertaking. I guess the first step would be to contact Larry Klayman or Jay Sekulow to see if it is plausible and then, if either of them agrees to take it on a contingency basis, let his office set up all of the details. Problem is, how to get word out to the public. Ads on TV are expensive, which leaves us with setting up a website on-line where people could donate and that is way out of my realm of expertise. Anyway, something needs to be done about those career politicians in Congress who refuse to do their jobs!

    • Cherie, you are so right about these people and their greed. Diane Feinstein’s husband, Richard Blum. got the bid to build part of the high speed rail in CA that Jerry Brown wanted. His bid was 35 million per mile of the track from Madera to Fresno – a distance of a little over 20 miles and does not include the cost to buy the land or any electrification needed. According to what I read, Feinstein has about 80 million dollars – not sure if that is hers combined with his or not.

      • Roger, those in Congress who have taken advantage of their positions for personal gain are despicable people and a disgrace to the Congress and America. Please see my reply to Ellen above.

    • I’m afraid that any attempt to sue Congress would not work because the Legislative Branch is not Constitutionally tasked with the ENFORCEMENT of the laws; that’s the job of the Executive Branch. The problem is that the leftists in Congress don’t want to enforce the immigration laws. They want to restock their voter base with low-skill, entitlement-dependent foreign nationals who will eventually vote for those who promise them the most taxpayer-financed benefits.

      • I understand that, but THEY write these laws and if they are passed, then I would think they would want them enforced. The fact that they have gotten so greedy and won’t enforce them is ludicrous and another good reason for term limits.

  7. Illinois is a lost cause…Democrats have buried this State in Debt to buy their votes from all the Unions, people are leaving the State in droves, and the new Gov’s plan is standard Democratic practice….HIGHER TAXES,SANCTUARY STATE, KICK THE CAN DOWN THE ROAD ON THE DEBT,MORE GAMBLING AND DRUGS, BORROW MORE MONEY, MORE SOCIAL SPENDING…….exactly the same course that made the mess…..doing nothing to solve the problem..NOTHING. All you needed to see was the photo in the Chicago Tribune this morning at the conclusion of Pritgers speech….shaking hands with Madigan and Cullerton, all grinning, like Oh goody business as usual. Thick as Thieves. So like the 46,000 plus that left last year, I’ve seen and heard enough, time to sell the house and get the heck out.

  8. That is an excellent idea, but why not have the 34 other states file suite in support of President Trump. That is almost the number to amend the constitution!

  9. there ain’t 16 border states , so why are they complaining , they ain’t the ones who have to deal with the illegals first hand , so how much does it cost us every year for ice to catch the illegals and put up with them , food , clothing , doctors, legal system , it’s billions , like abortion , no tax payer money should be used to take care of them , i don’t see the government taking care of the homeless ,

  10. I hate to disagree with you but , we do have to deal with them , the minute they are allowed in they take off to who knows where ? And next thing you know they are showing up at some local welfare office wanting , all the goodies , that our tax dollars are paying for . So really the entire country is being effected , and costing us millions , or billions per year .

  11. Senator Kaine from VA said as of 2010 VA had 900,000 immigrants living there. They turned blue 2016 and why not bring more illegals to these states. VA is now having a budget problems so they raised the inspection on cars by 25% and told they are going to arrest more people going over the speed limit to raise more revenue. This is what these states are doing to law abiding citizens that work, save, and when we retire they make it very hard on us because they mess up our Medicare by dumping Medicaid and Medicare funds into one basket and now having Medicare push for death after 75 (So many doctors are still going by this rule in the hospitals). People better have living wills.

  12. Finally, I have been waiting for someone to bring up this matter to the public. I levied this argument the minute I heard which 16 States had filed suit. Only 2 have any direct link to this emergency declaration. New Mexico and Californication. Plus the fact that 15/16 are all Liberal democratic strongholds is no surprise either. I was wondering if someone with legal knowledge can advise me. Isn’t there a clause in the law that allows for an emergency or an expedited request directly to The SCOTUS to render a ruling when it’s a federal case to be determined in the end anyway?

  13. IM not sure I understand the real issue here…I was under the impression that the President(Trump)was the Chief Law-enforcement Officer in the Land…but, according to Nancy Pelosi, her House of Representatives are “just as powerful, if not more so” than the President because they control the “purse strings”…If that is true then Nancy Pelosi can now by proxy”

    1. Can now negotiate FOREIGN POLICY…
    2.Can enter into and withdraw US from foreign TREATYS…
    3.Can nominate Federal and SC judges…
    4.Declare National Emergency protocol…
    5.Ask Congress to DECLARE WAR…
    6.Initiate EXECUTIVE ORDERS….
    7.APPOINT Cabinet members…
    8.APPOINT Ambassadors to Foreign Countries…
    9.GIVE the SOTU Address to a joint session of Congress…
    10.CALL for a JOINT SESSION of Congress…
    Just a minute few POWERS that Nancy Pelosi and the House Of Horrors do not have….OFF topic I know, but these are words that she spoke to WORLD LEADERS in Brussells, BELGIUM this last week…If this is not seditious speech, and in the short term should be censured by the HOH, I really don’t know what is…It’s certainly something the AG could be looking into…Less inciting speeches like that, innuendos, and malevolent words have caused a lot of dire misunderstandings to take place in World History than we should ever forget..So many of our LEADERS have expressed themselves in so many “eloquent” but damning ways, it surprises the heck out of MOST thinking Americans…For EX: have we so soon forgotten how outraged we were when the Sec. Of State usurped “POWERS” that were NOT his to attain, when President Reagan was shot, and wounded? Seems to me that Nancy Pelosi has been speaking out of PLACE much more aggrevious then the SEC. of State…

  14. This suit is a joke and the states that are sueing the Government are liberal clowns puppets who don’t know anything about the border wall f the states in this suit.

  15. Not only does our state, Michigan, have no standi ng in the border wall, but several of our county jails and reopened prison facilities are over capacity with “hospitality suites” rented out to ICE and Border Patrol.

  16. Not to change the subject but do all these migrants have the necessary vaccines to enter the USA? Members of congress and state legislatures want mandatory vaccines and yet they do not demand that migrants be verified for vaccines. Since there are no medical detentions facilities all the border that can isolate them from the US populations, until they either verify their vaccine or receive the same vaccines US citizens do, they should be detained a the border or Mexico, the border needs to be closed until the proper facilities can be built.
    Ellis Island was such a facility, lets make it happen

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