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How President Trump Can Avoid The Ninth Circuit To Build The Wall

Texas is covered by the Fifth Circuit of federal courts. Appeals from federal courts in Texas go to the generally conservative U.S. Court of Appeals for the Fifth Circuit which sits mainly in New Orleans.

The Southern international borders with California, Arizona, and New Mexico are within the Ninth Circuit. Appeals go to the U.S. Court of Appeals for the Ninth Circuit in San Francisco, which has been widely criticized (including by Trump) as being out of the judicial mainstream and  sharply more leftist than the rest of the country.

Lawsuits are predicted and even threatened “within minutes” to try to block President Donald Trump if he declares a national emergency to re-purpose federal funds to fund construction of a border wall or barrier.

A plaintiff must have “standing” — a personal interest in the litigation — not just a policy preference.  Unlike recent examples, basically no one will have standing to challenge a border wall by emergency declaration.  Neither taxpayers nor Members of Congress will have standing.  But a plaintiff would have to be someone directly affected.

Read the full story from Big League Politics


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