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Immigration,
Government,
Constitutional Law

Jul. 7, 2020

Cases will test who can enforce Congress’ appropriations powers

More than a year and a half ago, President Donald Trump, unwilling to accept Congress' repeated explicit refusals to fund a wall spanning the Southern border, declared a spurious national emergency and began building it anyway. Recently, the 9th Circuit ruled like every other lower federal court to consider the merits and affirmed the district's judgment that the administration's spending is unlawful and unconstitutional in violation of the appropriations clause of the Constitution.

Douglas A. Winthrop

Partner
Arnold & Porter Kaye Scholer LLP

Phone: (415) 471-3100

Email: douglas.winthrop@apks.com

Univ of Minnesota L S; Minneapolis MN

Irvin Nathan

Senior Counsel
Arnold & Porter Kaye Scholer LLP

Andrew Tutt

Senior Associate
Arnold & Porter Kaye Scholer LLP

Sam Callahan

Associate
Arnold & Porter Kaye Scholer LLP

More than a year and a half ago, President Donald Trump, unwilling to accept Congress' repeated explicit refusals to fund a wall spanning the Southern border, declared a spurious national emergency and began building it anyway. Recently, a three-judge panel of the 9th U.S. Circuit Court of Appeals -- by a 2-1 vote -- ruled like every other lower federal court to consider the merits and affirmed the district's judgment that the administration's spending is unlawful and...

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