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CALIFORNIA v. TRUMP

No. 19-16299, No. 19-16336.

963 F.3d 926 (2020)

State of CALIFORNIA; State of Colorado; State of Connecticut; State of Delaware; State of Hawaii; State of Maine; State of Minnesota; State of New Jersey; State of New Mexico; State of Nevada; State of New York; State of Oregon; Commonwealth of Virginia; State of Illinois; State of Maryland; Dana Nessel, Attorney General, on Behalf of the People of Michigan; State of Wisconsin; State of Massachusetts; State of Vermont; State of Rhode Island, Plaintiffs-Appellees, v. Donald J. TRUMP, in his official capacity as President of the United States of America; United States of America; United States Department of Defense; Mark T. Esper, in his official capacity as Acting Secretary of Defense; Ryan D. McCarthy, senior official performing the duties of the Secretary of the Army; Richard V. Spencer, in his official capacity as Secretary of the Navy; Heather Wilson, in her official capacity as Secretary of the Air Force; United States Department of the Treasury; Steven Terner Mnuchin, in his official capacity as Secretary of the Department of the Treasury; U.S. Department of the Interior; David Bernhardt, in his official capacity as Secretary of the Interior; U.S. Department of Homeland Security; Chad F. Wolf, in his official capacity as Acting Secretary of Homeland Security, Defendants-Appellants. State of California; State of New Mexico, Plaintiffs-Appellants, v. Donald J. Trump, in his official capacity as President of the United States of America; United States of America; United States Department of Defense; Mark T. Esper, in his official capacity as Acting Secretary of Defense; Ryan D. McCarthy, senior official performing the duties of the Secretary of the Army; Richard V. Spencer, in his official capacity as Secretary of the Navy; Heather Wilson, in her official capacity as Secretary of the Air Force; United States Department of the Treasury; Steven Terner Mnuchin, in his official capacity as Secretary of the Department of the Treasury; U.S. Department of the Interior; David Bernhardt, in his official capacity as Secretary of the Interior; U.S. Department of Homeland Security; Chad F. Wolf, in his official capacity as Acting Secretary of Homeland Security, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 26, 2020.

Attorney(s) appearing for the Case

H. Thomas Byron III (argued), Anne Murphy , and Courtney L. Dixon , Appellate Staff; Hashim M. Mooppan and James M. Burnham , Deputy Assistant Attorneys General; Joseph H. Hunt , Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellants/Cross-Appellees.

Dror Ladin (argued), Noor Zafar , Jonathan Hafetz , Hina Shamsi , and Omar C. Jadwat , American Civil Liberties Union Foundation, New York, New York; Cecillia D. Wang , American Civil Liberties Union Foundation, San Francisco, California; Mollie M. Lee and Christine P. Sun , American Civil Liberties Union Foundation of Northern California Inc., San Francisco, California; David Donatti and Andre I. Segura , American Civil Liberties Union Foundation of Texas, Houston, Texas; Sanjay Narayan and Gloria D. Smith , Sierra Club Environmental Law Program, Oakland, California; for Plaintiffs-Appellees.

Douglas N. Letter (argued), Todd B. Tatelman , Megan Barbero , Josephine Morse , and Kristin A. Shapiro , United States House of Representatives, Washington, D.C.; Carter G. Phillips , Virginia A. Seitz , Joseph R. Guerra , and Christopher A. Eiswerth , Sidley Austin LLP, Washington, D.C.; for Amicus Curiae United States House of Representatives.

James F. Zahradka II (argued), Brian J. Bilford , Sparsh S. Khandeshi , Heather C. Leslie , Lee I. Sherman , and Janelle M. Smith , Deputy Attorneys General; Michael P. Cayaban , Christine Chuang , and Edward H. Ochoa , Supervising Deputy Attorneys General; Robert W. Byrne , Sally Magnani , and Michael L. Newman , Senior Assistant Attorneys General; Xavier Becerra , Attorney General; Attorney General's Office, Oakland, California; Jennie Lusk , Civil Rights Bureau Chief; Nicholas M. Sydow , Civil Appellate Chief; Tania Maestas , Chief Deputy Attorney General; Hector Balderas , Attorney General; Office of the Attorney General, Santa Fe, New Mexico; for Amici Curiae States of California and New Mexico.

Christopher J. Hajec , Immigration Reform Law Institute, Washington, D.C.; Lawrence J. Joseph , Washington, D.C.; for Amicus Curiae United States Representative Andy Barr.

John W. Howard , George R. Wentz Jr. , Richard Seamon , and D. Colton Boyles , Davillier Law Group LLC, Sandpoint, Idaho, for Amicus Curiae State of Arizona House of Representatives Federal Relations Committee.

Richard P. Hutchison , Landmark Legal Foundation, Kansas City, Missouri; Michael J. O'Neill and Matthew C. Forys , Landmark Legal Foundation, Leesburg, Virginia; for Amici Curiae Angel Families, Sabine Durden , Don Rosenberg , Brian McAnn , Judy Zeito , Maureen Mulroney , Maureen Laquerre , Dennis Bixby , and Advocates for Victims of Illegal Alien Crimes.

Douglas A. Winthrop , Arnold & Porter Kaye Scholer LLP, San Francisco, California; Irvin B. Nathan , Robert N. Weiner , Andrew T. Tutt , Kaitlin Konkel , and Samuel F. Callahan , Arnold & Porter Kaye Scholer LLP, Washington, D.C.; for Amici Curiae Former Members of Congress.

Elizabeth B. Wydra , Brianne J. Gorod , Brian R. Frazelle , and Ashwin P. Phatak , Constitutional Accountability Center, Washington, D.C., for Amici Curiae Federal Courts Scholars. Steven A. Zalesin , Adeel A. Mangi , and Amir Badat , Patterson Belknap Webb & Tyler LLP, New York, New York, for Amici Curiae 75 Religious Organizations.

Harold Hongju Koh , Peter Gruber Rule of Law Clinic, Yale Law School, New Haven, Connecticut; Kathleen R. Hartnett , Boies Schiller Flexner LLP, San Francisco, California; Phillip Spector , Messing & Spector LLP, Baltimore, Maryland; for Amici Curiae Former United States Government Officials.

Samuel F. Daughety and Suzanne R. Schaeffer , Dentons US LLP, Washington, D.C.; Joshua O. Rees , Acting Attorney General, Tohono O'Odham Nation , Sells, Arizona; for Amicus Brief Tohono O'Odham Nation.

Dissent by Judge Collins

OPINION

This appeal presents the question of whether the Department of Defense Appropriations Act of 2019 authorized the Department of Defense ("DoD") to make budgetary transfers from funds appropriated by Congress to it for other purposes in order to fund the construction of a wall on the southern border of the United...

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