Court Strikes Down Trump’s Sanctuary Cities Order

Courthouse News reports:

A federal judge Monday permanently struck down one of President Donald Trump’s first executive orders, cutting off funds to “sanctuary cities.”

In a summary judgment ruling, U.S. District Judge William Orrick III found Trump’s Jan. 25 executive order violated the Constitution in multiple ways: by invoking spending powers that belong exclusively to Congress, and by placing unrelated conditions on federal grants in violation of the Tenth Amendment.

“Federal funding that bears no meaningful relationship to immigration enforcement cannot be threatened merely because a jurisdiction chooses an immigration enforcement strategy of which the President disapproves,” Orrick wrote in a 28-page ruling.

CNN reports:

Those fighting the executive order celebrated the decision Monday. “This is a victory for the American people and the rule of law,” San Francisco city attorney Dennis Herrera said in a statement. “This executive order was unconstitutional before the ink on it was even dry.

“We live in a democracy. No one is above the law, including the president.” The statement added that he was “grateful that we’ve been able to protect billions of dollars that help some of the most vulnerable Americans.”

However, a Department of Justice spokesman said the court had “exceeded its authority” in its ruling, and vowed that the department would continue to follow Trump’s direction with regard to the January executive order.

  • Tatonka

    Impotent twaddle storm attacking **spins wheel** Brussels sprouts (a loser vegetable from one of Europe’s worst countries, believe me) in 3… 2 … 1…

  • TampaDink

    Good!

    O/T: I wish everyone here a very Happy Thanksgiving….we’re off to go house hunting since we are (again) in escrow.

    • Ragnar Lothbrok

      Good luck !
      Try to find something with room for a pony.

      • TampaDink

        It would be easier to just get into pony cosplay. Real ponies crap everywhere.

        • Mrs. Councillor Nugent

          Then surely just a sauna

      • Bluto

        & the Royal Doulton.

        • FAEN

          And they better have hand painted periwinkles on them.

    • Rambie

      wow, moving on up again already?! Congrats

      • TampaDink

        Our last contract fell through….but this one seems as close to definite as any real estate deal can be. There will be something suitable for the next chapter in our lives.

    • FAEN

      Happy TG to you too TD. Good luck house hunting 😉.

    • Hank

      Good Luck!!! Hope you find something, that you like, and perhaps with a guest room for me! 😇

  • lenvus

    From the article: “[A] Department of Justice spokesman said the court had ‘exceeded its authority’ in its ruling, and vowed that the department would continue to follow Trump’s direction with regard to the January executive order.”

    Failure to follow the concept of Checks and Balances by respecting judicial orders is yet another sign of this administration’s bend toward authoritarianism.

    • marshlc

      So whose job is it to ensure that judicial orders are carried out? The DoJ? If so, it’s not a just a bend toward authoritarianism, it’s all folded up and put in authoritarianism’s pocket.

      • ChrisMorley

        The Sanctuary Cities return to court to apply for enforcement of the court’s order.

        • Jennifer

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    • J Ascher

      Looks like contempt of court charges are in the offing if the DOJ doesn’t wise up!

  • Bambino

    Everyday we are watching the dotard and the rethuglicans destroying the country piece by piece.

    • canoebum

      And huge swaths of our fellow citizens are just fine with that.

  • Ragnar Lothbrok

    I thought this was already tested years ago ?

  • DaddyRay

    Will Sarah Huckleberry Sanders be bringing up State Rights again today at the WH Press Briefing

    • Butch

      After she makes everyone indicate what they’re thankful for…..why did the reporters go along with that?

      • Snarkaholic

        They should have given responses such as, “I’m thankful you’re not wearing that atrocious Pepto-Bismal outfit you had on last week!”

        • sfbob

          “And I’m grateful your boss isn’t the dictator he thinks he should be…at least not yet.”

        • stevenj

          “I’m thankful for Robert Mueller”.

  • gaycuckhubby

    Well, if we’re going down then the whole world is going down with us!

    https://twitter.com/peterbakernyt/status/932964005920018432

    • DaddyRay

      And you just know Russia is doing everything it can to stir up dissent

    • Todd20036

      And you know, I used to associate “going down” with something pleasurable.
      Well, ok, I still do, but even so…

      • FAEN

        Reminds of being in an elevator last night and someone asked “going down?”

        Guy next to me blurts out “four gay men in an elevator and no one makes a joke about that?”

        lol

        • David L. Caster

          Something like: “We are already in the shaft, what more do you want?”

  • gaycuckhubby
    • Bluto

      Raping & militarily conscripting children is bad – unless it gets in the way of the gop then fuck ’em. & the trumpettes cheer for their god-king.

    • coram nobis

      From the story: “Keeping the countries off the annual list makes it easier to provide them with U.S. military assistance. Iraq and Afghanistan are close allies in the fight against Islamist militants, while Myanmar is an emerging ally to offset China’s influence in Southeast Asia.”

      So, we’re supporting another bloodbath (see also, e.g., Yemen), this time in Myanmar. Incidentally, Nobel laureate Aung San Suu Kyi is now explicitly saying that illegal immigration spreads terrorism, which puts her more in alignment with our regime.

      http://www.sfgate.com/world/article/Nobel-winner-links-terrorism-to-illegal-12372043.php

      … pushing out hundreds of thousands of unwanted Rohingya Muslims.

      Suu Kyi did not mention the refugee exodus in a speech to European and Asian foreign ministers in Myanmar’s capital, Naypyitaw. But her speech highlighted the views of many in the country who see the Rohingya as immigrants who arrived illegally and accuse them of terrorist acts. …

  • BeaverTales

    Wow, maybe we haven’t become a Banana Republic yet after all?

    • Mikey

      oh just wait until they replace all the knowledgeable judges with political appointments and idiot hacks.

    • The_Wretched

      Federal judgeships are lifetime appointments. It takes a while to fully clear the backlog.

  • rednekokie

    Just another incident of the president not realizing that he is only 1/3 of the government — not a dictator, as he wishes to be. If he would/could only read the constitution, perhaps he might not be so irrational — but I doubt he ever will.

    • David L. Caster

      Checks and balances don’t work when two out of three branches are corrupt at the same time.

  • Bluto
    • glass

      Except the Mall. They are banned from the Mall.

  • Acronym Jim

    “a Department of Justice spokesman.”

    Apparently this is one of the few things the corrupted house-elf is not recused from.

  • TuuxKabin
    • ted-

      This brought tears to my eyes. I hate you.

      • TuuxKabin

        love wins. there’s room at the table.

        • ted-

          ehugs!

          • TuuxKabin

            euhhuh’s!

    • Ragnar Lothbrok

      #not1more

      • TuuxKabin

        EVER.

  • marshlc

    Did I read that right? A court ruled it unconstitutional, but the DoJ said “Who cares what the courts say, we’re gonna do it anyway”?

    Looks like the fascist coup has already happened.

  • mikeinftl

    Wonder how the mayor of Miami is going to respond.

  • TJay229

    Off topic..

    There is this woman who works in my Dept.

    Now granted, I know she’s a Bible Beater so I do my best to avoid her, after our SSM debate a couple of yrs ago and the difference of treatment of Black people to White People, we KNOW how and where we stand on issues.

    So, come last year nightmares election cycle, I knew she supported “Him” and she knew I supported “Her”… Fine. After the results I was VERY VERY Angry (a Tall, Black Boisterous Homosexual isn’t something to be easily dismissed) and she knew this. So, we stayed clear of one another.

    Then a few months later when the Repeal Obamacare was racing about… She looked very “stressed”. I noticed, but never said a kind word to her (due to our past run ins; I don’t forgive easily) cause I didn’t care really. Well then she was worried her sick father who had some vicious form of Cancer and lived in Kentucky where he HAD (Lawd No… OBAMACARE) and she was worried that he’d die without it. Well, according to my “little birds” her father is doing a lot better now, so this Melanin Challenged heifer has the Gaul to say (I swear) “Trump was doing a lot better now and trying to fulfill many of his promises, I pray strength for him”… I lost it.

    Remembering that I have to pay rent, eat and an American Express Bill each month… I said (Aloud) ” Some folks should have Cancer in their throats instead of their parents having it, that way they wouldn’t talk as much” Everyone gave me a blank look (even my work wife who is my Boss) and then looked at her. She knew that was for her, but I was not TALKING to her. So she then has the audacity to utter ( Aloud) “That wasn’t a very polite thing to say, and I’m offended” One of my “Birds” puts a envelope in front of my face. I was about to Light that pasty bitch up.

    I’m expecting to be reprimanded by the next week.

    • Another OT, but related to this:
      I had a friend awhile back that suffered from years of intractable pain. No one could find a cause for it, but they didn’t search very hard because he didn’t have insurance. He took pain meds for years, and that and the resultant depression that remained finally drove him to suicide.
      During the autopsy, it was discovered he had thyroid cancer, which was the culprit behind the pain. If ACA had been in place, ONE FUCKING BLOOD TEST (that he couldn’t afford on his own) would have revealed the thyroid imbalance caused by the cancer.

      • TuuxKabin

        You DO go e good email. Thank you for that.

  • FAEN

    Fucking Moron has no idea how sanctuary cities work-what a surprise! He has this picture in his head which naturally doesn’t come close to the reality. Even law enforcement support sanctuary cities because it cuts down on crime. And while we’re talking about crime immigrants commit the lowest amounts of it. But demonizing them is helps ruling up the bigots.

  • Kevin Andrews

    The position of this Shitgibbon & his Goldman-Sachs Owned & Operated Oval Office is clearly one of Contempt of Constitution and the rule of law. This is not just impeachable; it is Treason.
    Bring the charges and let’s have some real entertainment with firing squads in the CapitAl Basin from the Oval Office and it’s traitors through the Koch owned and operated Congress & Senate. https://uploads.disquscdn.com/images/cfce562ab0dea31569e22fef57cc21a80eadfb4c56fb1e1ff7ca3487aef8ac72.png

  • EdA

    “However, a Department of Justice spokesman said the court had “exceeded its authority” in its ruling, and vowed that the department would continue to follow Trump’s direction with regard to the January executive order.”

    It sounds like there should be some “contempt of court” orders coming, and it will be “interesting” to see if our fraudulent president attempts to grant pardons for them.

    • ZRAinSWVA

      They are describing an authoritarian dictatorship. If this is allowed to happen, we’re (the American society and its people) screwed. Write or call your congressional representatives NOW.

    • The_Wretched

      Legally speaking, lower courts cannot exceed their authority. If someone is has standing and the court has jurisdiction a court may order whatever it wants to order. As a practical matter, they don’t but it’s very weird to have the DOJ fundamentally misstate how the Article III courts work. “Ultra vires” is a concept in admin law that applies only to executive agencies.

  • HZ81

    Fuck you, POTUS man-baby.

  • Dear President Trump,

    Naaa na naa na naaaaaaaa naaaaaaa!!!

    Sincerely,

    San Francisco

    • Robincho

      Never see the judge, but Sue Rogers Orrick is a fixture in the Wattis Room. Does she frequent the OH as well? Total sweetheart, that one…

  • JWC

    Donny Donny Donny They really do hate you

  • ECarpenter

    Please remember that President Jackson just ignored court orders he didn’t like. Up to and including Supreme Court orders. As Jackson said, he had an army and the Supreme Court did not. So the Executive Branch does not always care what the Judicial Branch does.

    We saw that immigration and customs officers were happy to follow Trump’s illegal Muslim travel ban, even in the face of court orders, until they were finally brought under control by their higher ups.

    There are lots of Trump supporters in some Federal agencies, and Trump will, if he can convince those supporters to follow him in defiance of the judicial branch, do what he likes, unimpeded.

    So don’t get smug. Don’t think you have the upper hand. Trump is winning the propaganda war the Right started, and we don’t know how far he’ll go yet. And, of course, he won’t be impeached by this Congress no matter what he does.

    • Halou

      Not only does he have loyalists inside all of the relevant government agencies, he has a horde of “second amendment people”, the plausible deniability patriots who will purge the nation of Trump’s political rivals because judicial processes and the rule of law are hard. And a ready-to-act foreign army just in case Trump screws it up.

  • Halou

    A 28 page ruling? Trump’s advisers will have a hard time slimming it down to just one page with lots of attached pictures and maps.

  • JCF