Trump declaration faces uncertain fate in coming court fight
6 years, 1 month ago

Trump declaration faces uncertain fate in coming court fight

Associated Press  

WASHINGTON — Let the lawsuits begin. The American Civil Liberties Union announced its intention to sue less than an hour after the White House released the text of Trump’s declaration that the “current situation at the southern border presents a border security and humanitarian crisis that threatens core national security interests and constitutes a national emergency.” Nonprofit watchdog group Public Citizen filed suit later, urging the U.S. District Court for the District of Columbia to “bar Trump and the U.S. Department of Defense from using the declaration and funds appropriated for other purposes to build a border wall.” House Speaker Nancy Pelosi and several Democratic state attorneys general already have said they might go to court. The coming legal fight seems likely to hinge on two main issues: Can the president declare a national emergency to build a border wall in the face of Congress’ refusal to give him all the money he wanted and, under the federal law Trump invoked in his declaration, can the Defense Department take money from some congressionally approved military construction projects to pay for wall construction? Beyond the challenge to Trump’s authority to declare an emergency, lawsuits also are expected to focus on the military construction project law that allows the re-allocation of money in a national emergency. Eastman said he doubts that the Supreme Court would try to interfere with Trump’s decision to send the military to the border and then authorize the use of money from other Defense Department construction projects to build miles of a border wall.

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