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Injunction Against Anti-Sanctuary E.O. Upheld

By George Khoury, Esq. on August 02, 2018 | Last updated on March 21, 2019

A 3-judge panel of the Ninth Circuit Court of Appeals has mostly upheld the injunction barring the enforcement of President Trump's Executive Order that would deny sanctuary cities federal funding. The panel found that the district court's ruling was proper as to the state of California, and the cities and counties within it, but the nationwide injunction was overturned.

The majority opinion remanded the case to the district court, potentially giving the plaintiffs in the case another chance at presenting sufficient evidence to justify the full nationwide injunction.

Presidential Bully

While the Trump Administration argued that the language of the E.O. lacked real meaning, and was just a use of the president's "bully pulpit," the court was not convinced. It examined many of Trump's statements, and found that California was a "target."

The court further explained that E.O. went too far in the president's attempt to control the proverbial "purse strings," which, according to the Constitution, is the exclusive right of Congress, and not the Executive.

It is fully expected that the full Ninth Circuit will be asked to weigh in, and regardless of that result, the case will likely take the next step to SCOTUS. Notably, both Chicago and Philadelphia have won similar battles already, but SCOTUS has not chimed in on any of these matters ... yet.

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