Judge Trevor McFadden threw out the House Democrats' lawsuit seeking to stop the requested funds to create an emergency border wall by the Trump Admininstration, saying the matter is fundamentally a political dispute and that House lacks the legal standing to make a case.
Trump declared a national emergency in February over the crisis at the Mexicann border, following a long government shutdown. House Speaker Nancy Pelosi, D-Calif., and House Democrats filed suit in April, charging that Trump was "stealing from appropriated funds” by moving almost 7 billion from other projects toward border wall construction.
Democrats say that the White House had "flouted the fundamental separation-of-powers principles and usurped for itself legislative power specifically vested by the Constitution in Congress."
"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," McFadden wrote. "The Court declines to take sides in this fight between the House and the President."