See you in court?
The Justice Department, GOP aides reportedly warned Trump's emergency declaration will be blocked
President Trump has signaled he will announce an emergency declaration at 10 a.m. on Friday in an attempt to take money from other federally appropriated projects and use it to build his border wall. It's a big gamble on Trump's part. "The Justice Department has warned the White House a national emergency declaration is nearly certain to be blocked by the courts on, at least, a temporary basis," ABC News reports. And, Politico adds, "aides privately predicted Trump will lose a vote on the Senate floor once the Democratic House passes a resolution of disapproval to block the move."
Once the House Democratic majority passes a joint resolution of termination to end Trump's declared emergency, the 1976 National Emergencies Act requires the GOP-controlled Senate to vote on the resolution within 18 days, The New York Times explains. Senate Democrats "would need only a handful of Republicans to join them to pass the resolution," and it's likely they'll get that. But thanks to a 1983 Supreme Court ruling, Trump can veto the resolution, and it's unlikely Democrats would have enough votes to override that veto.
Then there are the courts. It is unclear if House Democrats have authority to sue Trump over his sidestepping the Constitution's grant of spending authority to Congress, but they might thanks to a lawsuit House Republicans pursued against President Barack Obama. Outside groups, states, and local governments have also prepared legal challenges. Legal experts say border landowners whose property Trump would seize have the strongest chance of successfully suing Trump. "Their likely remedy, however, isn't to stop the project, but to boost the payout they get from the government," The Wall Street Journal reports.
A senior White House official tells ABC News "the administration is confident it could ultimately win the case on appeal." But the one thing everyone seems to agree on is that Trump's wall-building will be tied up for some extended period of time, and the courts will likely have the final say.