The judge stated that Trump is not nullifying legislative power and the House has remedies such as holding a hearing to determine spending priorities. Because of this, the judge decided to toss the lawsuit.
A federal judge in Washington, D.C., on Monday ruled against House Democrats who tried to block the Trump administration from reallocating Defense Department funds for a border wall.
U.S. District Judge Trevor McFadden said the House of Representatives does not have standing to bring the challenge, calling it a political fight between two branches.
“While the Constitution bestows upon members of the House many powers, it does not grant them standing to hale the executive branch into court claiming a dilution of Congress’s legislative authority,” McFadden’s decision reads.
President Donald Trump declared a national emergency at the southern border in February, and reprogrammed almost $6 billion to build a border wall. In addition to the $1.4 billion appropriation Congress authorized for border barriers, the administration sequentially reallocated $600 million from the Treasury Department’s forfeiture fund, $2.5 billion from Defense Department counter-narcotics activities, and $3.6 billion from military construction.