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In reply to the discussion: 'Liens on their property': Dem reveals blue states' secret weapon against Trump [View all]Josiesdad
(62 posts)The states should, by all means, use every tool in their arsanal to force this rogue federal government to abide by its own laws.
When a administration decides to selectively withold payment for programs that congress had previously approved and signed into law it amounts to a selective (i.e. line-item) veto of completed legislation. That is, per se, unconstitutional.
Further, there are a couple of SCOTUS cases which hold that federal officials that violate their constitutional oaths can be held to be personal responsible for damages (see: Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics & Butz v. Economou) So, following this logic, it is concievable that the states or other political subdivisions could get judgements against the personal property of any federal officials that were involved in deciding or implementing these missbegotten decisions.
And... since this action is civil in nature, it means that the recent presidential immunity cases decided by SCOTUS do not apply.
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