State of California et al v. Trump et al
Filing
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MOTION for Partial Summary Judgment filed by State of California, State of New Mexico. Responses due by 6/19/2019. Replies due by 6/24/2019. (Attachments: # 1 Proposed Order Proposed Order Granting Plaintiff States of California and New Mexico's Motion for Partial Summary Judgment Regarding Sections 284, 8005, and 9002, # 2 Appendix Appendix of Declarations re Enviromental Harms in Support of Motion for Partial Summary Judgment Regarding Sections 284, 8005, and 9002, # 3 Plaintiff States of California and New Mexico's Request for Judicial Notice in Support of Motion for Partial Summary Judgment Regarding Sections 284, 8005, and 9002)(Sherman, Lee) (Filed on 6/12/2019) Modified on 6/13/2019 (cpS, COURT STAFF).
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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STATE OF CALIFORNIA et al.;
Case No. 4:19-cv-00872-HSG
Plaintiffs, [PROPOSED] ORDER GRANTING
PLAINTIFF STATES OF CALIFORNIA
v.
AND NEW MEXICO’S MOTION FOR
PARTIAL SUMMARY JUDGMENT
DONALD J. TRUMP, in his official capacity REGARDING SECTIONS 284, 8005, AND
as President of the United States of America 9002
et al.;
Judge:
Honorable Haywood S. Gilliam,
Jr.
Defendants.
Trial Date:
None Set
Action Filed: February 18, 2019
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[Proposed] Order Granting Pls. California and New Mexico’s Mot. for Partial Summ. J. (4:19-cv-00872-HSG)
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On June 12, 2019, Plaintiff States of California and New Mexico (Plaintiff States) filed a
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Motion for Partial Summary Judgment (Motion) regarding Defendants’ use of sections 8005 and
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9002 of the Fiscal Year (FY) 2019 Department of Defense Appropriations Act (FY 2019 DOD
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Appropriations Act), Pub. L. No. 115-245, 132 Stat. 2981, 2999, 3042 (2018) and 10 U.S.C.
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section 284 for the construction of a barrier on the border between the United States and Mexico
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in the El Centro Sector in California and the El Paso Sector in New Mexico. The Court has
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considered the Motion and documents filed therewith, all of the papers on file in this action, and
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hereby GRANTS Plaintiff States’ Motion and enters judgment in their favor as to each of their
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claims for relief on the grounds that the undisputed evidence shows that:
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1.
On March 25, 2019, Defendant Department of Defense (DOD) transferred $1 billion
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from DOD’s Military and Personnel and Reserve account to the drug-interdiction
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account through the Department’s transfer authority in section 8005 of the FY 2019
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DOD Appropriations Act (March 25 Reprogramming Action). DOD relies on its
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authority under 10 U.S.C. section 284 and the funds that were transferred as part of
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the March 25 Reprogramming Action for construction of a border barrier for El Paso
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Sector Project 1 on the southern border of New Mexico.
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2.
On May 9, 2019, DOD transferred $819.5 million to the drug-interdiction account
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through the Department’s transfer authority in section 8005 of the FY 2019 DOD
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Appropriations Act, and $681.5 million under its special Overseas Contingency
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Operations transfer authority in section 9002 of the FY 2019 DOD Appropriations
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Act (May 9 Reprogramming Action). DOD relies on its authority under 10 U.S.C.
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section 284 and the funds that were transferred as part of the May 9 Reprogramming
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Action for construction of a border barrier for El Centro Sector Project 1 on the
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southern border of California.
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3.
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The March 25 and May 9 Reprogramming Actions are ultra vires and violate the
Administrative Procedure Act because they exceed congressional authority.
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The March 25 and May 9 Reprogramming Actions violate the Administrative
Procedure Act because they are arbitrary and capricious.
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[Proposed] Order Granting Pls. California and New Mexico’s Mot. for Partial Summ. J. (4:19-cv-00872-HSG)
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5.
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Constitution’s separation of powers principles.
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The March 25 and May 9 Reprogramming Actions violate the United States
Constitution’s Presentment Clause.
Having entered judgment in favor of California and New Mexico and against Defendants
on the above, the Court hereby ORDERS the following relief:
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The March 25 and May 9 Reprogramming Actions violate the United States
Constitution’s Appropriations Clause.
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The March 25 and May 9 Reprogramming Actions violate the United States
DECLARATION
The Court finds declaratory relief under 28 U.S.C. § 2201 is appropriate in this case. It is
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hereby DECLARED that the March 25 and May 9 Reprogramming Actions are unlawful and
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unconstitutional because they: (i) exceed the congressional authority conferred to the Executive
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Branch in violation of the Administrative Procedure Act and are ultra vires; (ii) violate the
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Administrative Procedure Act as arbitrary and capricious; (iii) violate the United States
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Constitution’s separation of powers principles; (iv) violate the United States Constitution’s
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Appropriations Clause; and (v) violate the United States Constitution’s Presentment Clause.
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PERMANENT INJUNCTION
The Court also finds that each of the necessary elements for issuing a permanent injunction
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are met. In particular, the Court finds that California and New Mexico have succeeded on the
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merits of their claims and that absent an injunction, California and New Mexico would suffer
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irreparable injury; the balance of equities favor California and New Mexico; and the requested
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relief is in the public interest. Pursuant to Federal Rule of Civil Procedure 65, it is now
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ORDERED that Defendants ARE HEREBY RESTRAINED AND ENJOINED from committing,
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performing, directly or indirectly, the following acts:
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1.
Diverting any funding or resources pursuant to sections 8005 and 9002 of the FY
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2019 Department of Defense Appropriations Act or 10 U.S.C. section 284 toward the
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construction of any barrier or border-related infrastructure and/or project along the
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southern borders of California and New Mexico.
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[Proposed] Order Granting Pls. California and New Mexico’s Mot. for Partial Summ. J. (4:19-cv-00872-HSG)
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Obligating any funding, including but not limited to, the awarding of and/or entering
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into any contracts, toward the construction of any barrier or border-related
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infrastructure and/or project along the southern borders of California and New
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Mexico through the use of any funds diverted pursuant to sections 8005 and 9002 of
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the FY 2019 DOD Appropriations Act or 10 U.S.C. section 284.
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IT IS SO ORDERED.
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Dated: __________________
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__________________________________
The Honorable Haywood S. Gilliam, Jr.
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[Proposed] Order Granting Pls. California and New Mexico’s Mot. for Partial Summ. J. (4:19-cv-00872-HSG)
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