Is This The New Normal?
- By Vambram
- American Politics
- 303 Replies
The decision of that one lower court judge shall be appealed and over ruled.Not necessarily.
Judge blocks Trump admin from withholding funding to 34 cities and counties over 'sanctuary' policies
The 15-page order from Judge William Orrick grants a preliminary injunction in the administration's effort to withhold funds and expands the number of cities that federal funds can't be withheld from due to their "sanctuary" status for undocumented immigrants.
In 2017, President Donald Trump issued Executive Order 13,768(“EO 13,768”), titled “Enhancing Public Safety in the Interior of the United States,” which was directed at so-called “sanctuary jurisdictions.”The City and County ofSan Francisco and County of Santa Clara sued, arguingthat Section 9 of EO 13,768wasunconstitutional. I found that theyhad pre-enforcement standing, that they were likely to succeed on the merits because Section 9(a)of EO 13,768 was unconstitutional, and that they faced irreparable harm absent an injunction. I enjoined Section 9(a)ofEO 13,768. The Ninth Circuit affirmed. Cnty.of Santa Clara v. Trump, et al., 250 F. Supp. 3d 497(N.D. Cal. Apr. 25, 2017) (Preliminary Injunction Order), aff’d, 897 F.3d 1225 (9th Cir. 2018).
Here we are again.
Precedent in the Ninth Circuit and the orders of this court show why the Cities and Countieshave establishedthatthey are likely to prevail on the merits of at least their separation of powers, Spending Clause, and Fifth and Tenth Amendment claims. The challenged sectionsin the 2025 Executive Orders and the Bondi Directivethatorder executive agenciesto withhold, freeze, or condition federal fundingapportioned to localities by Congress,violate the Constitution’s separation of powers principlesandthe Spending Clause,as explained by the Ninth Circuit in the earlier iteration of this case in 2018; they also violatethe Fifth Amendmentto the extent theyare unconstitutionally vague and violate due process.
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