Supreme Court to stop Trump’s national emergency?

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President Donald Trump is well aware that his national emergency declaration will face legal challenges, but he’s moving forward anyway.

“We will have a national emergency and we will then be sued,” Trump said in the Rose Garden on Friday. “We’ll possibly get a bad ruling, and then we’ll get another bad ruling, and then we’ll end up at the Supreme Court and hopefully we’ll get a fair shake.”

Trump’s frustration draws from the number of times courts have already blocked White House policies, such as the travel ban and ending the Obama-era Deferred Action for Childhood Arrivals program. 

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The President isn’t wrong to anticipate yet another slew of legal challenges: House Democrats, for one, have been discussing legal options, according to a Democratic aide. Some groups, like the American Civil Liberties Union, have already announced lawsuits. 

How and where these legal challenges proceed is unclear, but it’s likely they’ll bubble up to the Supreme Court — potentially testing for the first time the 1976 law that formalized the structure by which a president can declare a national emergency. 

“There’s been virtually no litigation in the 43-history of the National Emergencies Act about that statute,” said Steve Vladeck, a CNN Supreme Court analyst and professor of law at the University of Texas School of Law. 

“To a large degree, what is about to happen is not precedented,” he added.

Prior to the 1976 law, President Harry Truman had declared a national emergency only to have it blocked by the Supreme Court. What Truman didn’t have then but that Trump has now is statutes, previously passed by Congress, to fall back on, Vladeck said. 

To that end, the administration could face legal challenges on what statutes he relies on to merit pulling from funds that haven’t been appropriated for his wall. Trump invoked Section 2808 of Title 10 of the US Code, which allows him to dip into a stash of Pentagon funds that are earmarked but have no signed contracts for spending that money. Section 2808, specifically, requires the use of the armed forces. 

Groups and individuals filing suit could argue that based on what troops have already done along the border, much of which has been supporting US Customs and Border Protection, the military isn’t required. 

Landowners whose property is on the line for seizure could also mount a challenge, though that’s not necessarily specific to the national emergency. 

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4 COMMENTS

  1. I am so tired of these Democrats and the media telling us nothing but lies about how all Americans want no border wall and that there is no emergency at our borders!!! The facts are telling all of us that these Democrats and the media are lying, for the majority of all Americans want our border secured and with walls and that they want our immigration laws fixed by passing Trump’s policies and new laws that he submitted to the Congress!!!! It is time for us to get rid of all politicians that don’t adhere to the voice of the citizens!! We the people need to make these politicians listen to the voice of the people with us all voting them out of office if they don’t listen to the citizens, for no matter what party one usually votes for, for if we want to take a stand on very serious issues it should be put to a vote by the citizens to make not a body of representatives that have shown us just how corrupt they are!!! A great example of this is our immigration policies and our securing the border for this is a very serious matter that will affect all of America and it should be voted on by the citizens of our country period, for it is the citizens voice that counts and it is up to the politicians to represent our voice and we all know that they don’t!!! For if we make it mandatory for the citizens to vote on something that has serious consequences on our country and our way of life then it should be the citizens that make that vote and it is up to the Congress and Senate to adhere to the voice of the citizens of our county!!! As far as wars and diplomacy goes with other countries that is something we really need our politicians and our president to work on, and our civil rights and any injustice going on!!! For all our politicians should be working on bringing all of us together no dividing us for Trump is right that we all have to come together as one, and that all politicians should be putting America first and not their party!!!!

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