Judge dismisses House lawsuit over border wall funding at their request

by Jacqueline Thomsen - 06/17/19 5:03 PM ET

A federal judge on Monday dismissed House Democrats’ lawsuit challenging President Trump’s authority to tap military funds for a border wall after attorneys for the House asked him to do so.

Judge Trevor McFadden, a Trump appointee, had previously ruled against House Democrats in the case, finding that they didn’t have the standing to go to court and block the administration from diverting military funds under the national emergency order.

{mosads}Lawyers for the House had requested last week that the judge dismiss the lawsuit entirely as they appeal his order to the D.C. Court of Appeals.

“The House respectfully disagrees with the court’s standing decision, but the parties are in agreement that there is no need for any further proceedings or briefing in this case and the court should immediately dismiss the amended complaint for lack of jurisdiction and enter final judgment so that the House may promptly appeal that order,” attorneys for the House and Trump administration wrote in the joint court filing last week.

McFadden followed through with that request on Monday, formally dismissing the complaint for “lack of subject matter jurisdiction.”

The move opens the door for the House to appeal its entire to case to an appeals court, where the judges could decide to rule in its favor — or similarly decide that lawmakers can’t sue the administration.

The House filed the lawsuit against the administration earlier this year, claiming that Trump’s declaration of a national emergency to tap military funds for a border wall is in violation of Congress’s constitutional authority to appropriate funds.

A federal judge in California has issued a preliminary injunction in a separate lawsuit to temporarily block the Trump administration from using the Defense Department dollars for a wall. The 9th Circuit Court of Appeals will hear arguments later this week on whether to uphold that order.

Tags Border wall Donald Trump Donald Trump House House Democrats