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.
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.