United States Ninth Circuit

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City and County of San Francisco v. Trump, 17-17480

Held that President Trump's executive order withholding all federal grants from so-called sanctuary cities was unconstitutional. California municipalities brought this suit arguing that the executive order violated the principle of Separation of Powers as well as the Spending Clause, which vests exclusive power to Congress to impose conditions on federal grants. In a 2-1 decision, the Ninth Circuit agreed and affirmed summary judgment in favor of the municipalities. However, the panel vacated the nationwide injunction based on an absence of specific findings justifying the broad scope, and remanded for further findings.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2018/08/01

Judges

  • Thomas

Court

  • United States Ninth Circuit

Counsel


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