by Jenn Carter
A federal judge in Washington on Monday denied a lawsuit by House Democrats to block President Donald Trump from transferring billions of dollars in Defense Department and other funds from appropriated accounts to construct his wall.
Judge Trevor McFadden said the House lacks standing to bring the challenge and also he does not believe the court should step into the fight between the President and Congress.
The ruling is a crippling blow to Democrats, as it permits Trump to go ahead and allocate over $5.5 billion in DOD and other appropriations to directly use for new wall construction, following his declaration of a “national emergency” at the border in March.
“The Court declines to take sides in this fight between the House and the President,” McFadden wrote.
“This case presents a close question about the appropriate role of the Judiciary in resolving disputes between the other two branches of the Federal Government. To be clear, the court does not imply that Congress may never sue the Executive to protect its powers,” he added.
McFadden also said lawmakers have more options than the court system to fight the President’s proposals.
“Congress has several political arrows in its quiver to counter perceived threats to its sphere of power,” he wrote. “These tools show that this lawsuit is not a last resort for the House. And this fact is also exemplified by the many other cases across the country challenging the administration’s planned construction of the border wall.”
McFadden, held a nearly three-hour hearing on the matter last month.
This story is breaking and will be updated.