City and County of San Francisco v. Trump
United States Court of Appeals for the Ninth Circuit
897 F.3d 1225 (2018)
- Written by Alexander Hager-DeMyer, JD
Facts
Former President Donald Trump (administration) (defendant) issued an executive order directing executive-branch agencies to withhold funding from sanctuary jurisdictions for allegedly violating federal law and shielding aliens from removal efforts. The order referenced 8 U.S.C. § 1373, which prohibited local governments from ceasing to share immigration statuses with the federal government. Several sanctuary cities and counties in California (localities) (plaintiffs) filed suit in federal district court, claiming that the order’s restriction of funding was invalid. The district court issued a nationwide preliminary injunction against the order’s enforcement and granted summary judgment for the localities. After the injunction was issued, the Department of Justice (DOJ) issued a memorandum interpreting the executive order. The memo included a savings clause and attempted to lessen the intensity of the order’s instructions by limiting which grants would be withheld. The administration appealed the case to the Ninth Circuit, questioning the localities’ Article III standing due to a lack of injury and questioning whether the case was ripe for review. The appellate court addressed whether the executive branch was permitted to withhold all federal grants from the localities without congressional action.
Rule of Law
Issue
Holding and Reasoning (Thomas, C.J.)
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