Yesterday, I spent a good part of my day calling clients to schedule appointments ASAP! The reason? Federal court funding was set to expire this Friday, but as of late yesterday, that has been extended until the 18th of January by cutting costs.
“During the partial shutdown, the Judiciary is working toward the goal of sustaining paid operations through Jan. 18, 2019 by delaying non-critical expenses and using court fee balances and other “no-year” funds.”
So now that we bought some time, here’s my question: what if that is not enough time?
If President Trump tonight addresses the nation with the idea of funding the border wall through a national emergency, what’s next?
For one, everyone on the Democrats side is rushing to court. Cases will make their way through the court system, but if President Trump can push the government shutdown for another ten days, we have yet another crisis.
Even if the federal judiciary is open for business, to what extent? Will cases be heard?
The issue of federal funding is for the federal courts to decide, but state court filings could proceed since states individually are affected as well, whether it be land owners, state land etc. Which is another issue all together, but ultimately these issues need to get resolved in federal court.
The federal government does not own all the land along the border. Thousands of acres belong to private land owners and the government has to buy them out if they are willing to sell, if not, eminent domain which is when the government takes over private land for public use. Litigation will take years to settle and that has already been in the case.
In addition to the fact that landowners aren’t selling their acreage(s) cheap, it gets better; plenty of millionaires and billionaires own land near the border whether for investment purposes or their own personal retreats. We know they won’t sell cheap and their pockets run deep so hiring a team of attorneys isn’t an issue.
Regardless, even if the government shutdown ends before funding for the federal court runs out, the problem of seizing land for the border wall isn’t going away any time soon.
It makes no sense to get wall funding which by the way, funding that was provided previously, only a fraction of it has been used, so President Trump is asking for more funding without the initial funding being used and we don’t even have the land to build the wall.
This is all for show! Nothing more, nothing less. It’s President Trump’s desire to satisfy his ever shrinking base.
Alexander Hernandez, Esq.
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