Sanctuary-city funding threat exceeded presidential power
The Ninth Circuit affirmed that Trump could not use an executive order to withhold grants Congress had not made conditional, while requiring a narrower injunction analysis.
Entities and roles
- Executive Order 13768 sanctuary-jurisdiction funding directivechallenged funding directive
- Donald J. Trumporder issuer and appellant
Claims and evidence
- factruled-unlawful
The Ninth Circuit affirmed summary judgment that section 9(a) of Executive Order 13768 violated separation of powers because Congress had not authorized the threatened withholding of federal grants, but vacated the injunction only to the extent it applied nationwide and remanded the scope question.
- United States Court of Appeals for the Ninth Circuit: City and County of San Francisco v. Trump, No. 17-17478Opinion at 5-7, 23-31, 35-36