• kinsnik@lemmy.world
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    8 months ago

    The administration said that it was bound to build this section of new wall because Congress already appropriated the funding to do so in 2019. It had been unsuccessful in convincing Congress to rescind the funding

    so… the wall had already been ordered and paid by congress under the Tramp administration, so the Biden administration followed the law?

    • EmptySlime
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      8 months ago

      Basically yes that’s my understanding. When Congress appropriates money for something, the Executive Branch is obligated by law to spend that money on what Congress appropriated it for.

      As much as I hate the whole border wall thing if Biden just said “Fuck Congress, we’re not doing that” it almost certainly would lead to a world where the next Republican president uses that same idea to essentially end things like Medicaid or SNAP.

      • Zorque@kbin.social
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        8 months ago

        It’d give them a legitimate excuse for an impeachment, as opposed to the trumped up bullshit they kept trying for the last three and a half years.

    • alcoholicorn@lemmy.ml
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      8 months ago

      Look who’s job it is to enforce the law.

      As we learned under trump, the POTUS can just ignore the SCOTUS at no consequences.

      But Biden didn’t even make them go to the SCOTUS. Dude just did what the republicans wanted without even making them fight for it.

      • Alexstarfire@lemmy.world
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        8 months ago

        Yea… the objective isn’t to take everything you don’t like to SCOTUS or to fight it tooth and nail. It’s a waste of time and resources. That was just Trump’s objective because he’s a piece of shit.

        • alcoholicorn@lemmy.ml
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          8 months ago

          You got it backwards. It would take republicans time and resources to make Biden do things they want.

          • EmptySlime
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            8 months ago

            Taking the funding of those sections of border wall to SCOTUS would have wasted the Republicans time and resources… How exactly? It would be Biden’s DOJ that would have to prepare some kind of legal rationale to challenge the wall funding. Then even if they came up with a perfect ironclad reasoning SCOTUS isn’t even required to grant it cert to even hear the case.

            I utterly fail to see any version of this where it wastes more Republican resources than Democrat ones.

            • alcoholicorn@lemmy.ml
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              8 months ago

              That’s not how that works, the republicans would have to successfully bring a case to the SCOTUS and win it to compel the dems to dispense the funds.

              • EmptySlime
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                8 months ago

                If Biden just does it and waits to get sued rather than going to SCOTUS himself to get them to rule that he can divert the funds it opens up a bunch of problems for everyone. Not only does it still not save Biden and the dems time and resources as they still have to argue the case at every level it goes to and still have to be the ones to appeal it higher if any of the lower courts rule against them. But if they win it could arguably be even worse. Sure we stop the border wall, but what is there to stop a future Republican president from saying “I think Medicaid, SNAP, Medicare, Social Security, Welfare, Section 8, or other federal social program they don’t like are illegal actually and I’m not releasing the funds for them” and us then needing to sue him into complying?