Sanctuary-city funding threat exceeded presidential power
Reporting and findings
- ruled 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
Summary and current status
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.
Final merits ruling; nationwide injunction scope was vacated and remanded.
People and organizations
- Executive Order 13768 sanctuary-jurisdiction funding directivechallenged funding directive
- Donald J. Trumporder issuer and appellant
Relationships in this file
- Donald J. Trumpissued unlawful funding directiveExecutive Order 13768 sanctuary-jurisdiction funding directive
Figures
EO 13768 grant-withholding provision1 action Calculation details
- Basis
- Observed
- Population
- Section 9(a) of Executive Order 13768
- Period
- 2018-08-01 to 2018-08-01
- As of
- 2018-08-01
- Method
- Count section 9(a)'s challenged grant-withholding directive once. The Ninth Circuit affirmed the adverse merits judgment while remanding the geographic scope of injunctive relief.
- Uncertainty
- The nationwide injunction was vacated in part; this observation rests on the affirmed separation-of-powers holding, not an assertion of nationwide relief.