An emergency declaration by Trump will lead to lawsuits. Lots of them.
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.”
https://www.washingtonpost.com/world/national-security/an-emergency-declaration-by-trump-will-lead-to-lawsuits-lots-of-them/2019/02/14/4aef5828-3098-11e9-8781-763619f12cb4_story.html?utm_term=.5cf5ace6b0d1&wpisrc=al_news__alert-politics--alert-national&wpmk=1