Just as President Obama had his emergency order on immigration end up blocked in the Federal Courts?
Donald Trump has been advised that the same thing will happen to him….
CNN legal talking head Jeffery Toobin thinks Trump could win in the Supreme Court , though with the current makeup of the court….
If President Trump declares a national emergency to construct a wall on the southern border, only one thing is certain: There will be lawsuits. Lots of them. From California to Congress, the litigants will multiply.
They will file suit in numerous jurisdictions — certainly within the U.S. Court of Appeals for the 9th Circuit on the West Coast, in U.S. District Court in Washington and maybe even in New York. That’s been the pattern in the hundreds of lawsuits, many of them successful, brought against the Trump administration, the idea being that some judge somewhere will block the wall.
The Justice Department has told the White House that the president’s action is likely to be blocked in the courts, and the White House counsel’s office warned Trump against declaring a national emergency, calling it a “high litigation risk,” according to a person with knowledge of the discussions.
“Any crisis on our border is of President Trump’s own making,” declared Xavier Becerra, the attorney general of California and a likely litigant. “Family separations, child detention, turning our backs on asylum seekers, and more. There is no national emergency. If Trump oversteps his authority and abandons negotiations with Congress by declaring a fabricated national emergency, we won’t only call his bluff, we will do what we must to hold him accountable. No one is above the law.”
White House lawyers have told Trump he could reprogram money without calling an emergency, according to the person familiar with the discussions who, like others, spoke on the condition of anonymity to discuss internal deliberations. But Trump is concerned there is not enough money in those pots to show meaningful progress on the wall and has been determined to declare an emergency, partially for fear of looking weak, the person familiar with the matter said…..