- The Washington Times - Wednesday, June 5, 2019

President Trump’s least-favorite appeals court said it will speed his appeal of a decision blocking his border wall emergency — but didn’t move fast enough.

The 9th U.S. Circuit Court of Appeals said it will hear arguments June 20 on the case. But the Justice Department had asked for a ruling by June 17, saying it wanted to be able to lodge an emergency appeal with the Supreme Court before the justices end their term this month.

The three-judge panel overseeing the case at the appeals court includes two Bush appointees and one Obama appointee.

An Obama appointee at the district level ruled last month that Mr. Trump overstepped his powers when he issued his emergency declaration claiming powers to shift money around to build his border wall. The judge ruled that Congress must explicitly designate money for something or else the president cannot spend it.

The Justice Department had argued that Congress had granted the president broad emergency powers to shift money around and, unless Capitol Hill specifically forbids him, he’s within his rights to shift the money to his purposes.

With nearly half a billion dollars already shifted within the Pentagon to build more wall, the administration said it was eager to get started, hoping to make good on Mr. Trump’s most prominent campaign promise.

The 9th Circuit, which is hearing the appeal, has been a favorite punching bag for Mr. Trump, who mocks the court’s liberal bent and its repeated decisions blocking his immigration policies.

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