Wednesday, June 19, 2019

The Ninth Circuit Intends To "Get VERY Granular" Tomorrow, At Oral Argument -- On Trump's Adderwall® [No] Funding...


I think this last minute order suggests an exceedingly favorable omen, toward preserving the injunction against Trump's attempted Adderwall® "slush fund spending" -- in direct derogation of two separate Congressional commands, on the subject. [See the suggestion of a "Constitutional" question, below.]

But we shall -- as ever -- see. I'll likely link [in a video-window fashion] to the Ninth Circuit's live-feed of oral argument; watch for it here, tomorrow -- late in the day on the East Coast [5 PM EDT; 4 PM CST; 2 PM PDT]:

. . . .At oral argument [tomorrow] on Thursday, June 20, the parties shall be prepared to discuss whether, if the reprogramming of funds did not comport with section 8005, Plaintiffs’ cause of action is properly understood as an equitable cause of action to enjoin a constitutional violation (e.g., a violation of the Appropriations Clause of Article I or an executive action that exceeds powers granted in Article II), a statutory cause of action, or both. Additionally, the parties shall be prepared to discuss whether there is a zone of interests requirement for the proper cause or causes of action. Finally, the parties should be prepared to discuss whether this is a political question of a sort that is not justiciable. . . .


Pop the popcorn -- me? I foresee some tangerine-hued hind-parts, of a wanna-be Mussolini -- completely charred, to a crisp -- tomorrow. Onward.

नमस्ते

No comments: