Nancy Pelosi and the Democrats are gearing up for a court battle to stop Donald Trump from declaring a national emergency to build the border wall.
This fight is expected to go all the way to the Supreme Court.
And Brett Kavanaugh is about to give Nancy Pelosi the worst defeat of her life.
Trump used the powers Congress delegated to him under the 1976 National Emergencies Act to unlock 3.6 billion dollars in military construction funds to build the border wall.
Democrats led by Nancy Pelosi thundered that it was an abuse of power and executive overreach.
And 16 Democrat State Attorney Generals already announced they were filing a lawsuit.
While Democrats may succeed in lower courts because they judge-shopped for liberal jurisdictions, one constitutional law expert believes the Supreme Court – led by Brett Kavanaugh – will ultimately rule in the President’s favor.
George Washington University law professor Jonathan Turley appeared on NPR to discuss the upcoming legal battle and painted a bleak picture for Trump’s opponents.
“The reason is that the Congress passed the National Emergencies Act in 1976, and they gave a president virtually unfettered authority. In fact, it really doesn’t even define what an emergency is,” Turley explained.
“Now, that one may have more of a real possibility in terms of a challenge. But even that is going to be a rather, you know, long row to hoe because they gave the president over a billion dollars, and he’s now identified at least three sources of largely undedicated funds that he can use. Even if you knock out half of those, he’s still over $5 billion,” the George Washington University professor continued.
Turley laid the blame at Congress’ feet and explained why they had no case, “For years, many of us have begged Congress to stop giving presidents unfettered authority, stop appropriating billions of dollars with few conditions. And they have refused to do that. And this is sort of the chickens coming home to roost. They gave him a stature with unfettered authority and gave him billions with limited conditions, and he’ll use both of those.”
Turley concluded by saying the language of the law is clear.
Congress gave the President the power to declare a national emergency without defining what an emergency is.
The law also provides a mechanism for Congress to stop the President by passing a resolution of disapproval.
But Trump will veto such a resolution, and Turley stated that the court will not look favorably on Congress for begging for a bailout from a mess of their own making.
“You know, Oliver Wendell Holmes once said, if my fellow citizens want to go to hell, I will help them; it’s my job. And what he was saying is, I’m not here, really, to say what’s a good policy or bad policy, what’s good legislation or bad legislation. I’m here to say what legislation says. And that’s what Congress says is that it’s a national emergency because the president says it’s a national emergency,” Turley stated.
“I think that he’s going to prevail. And if they challenge him on his right to declare an emergency, I think that will be a spectacular failure. They’ll have to focus on the source of the funds. But I don’t think that’s going to get them all the way they need to go to stop this construction,” Turley concluded.
There is no doubt this case will end up in court.
Trump predicted as much at the Rose Garden event where he announced he was declaring a national emergency.
But Trump also declared he would eventually win at the Supreme Court level, and at least one notable expert agrees.
We will keep you up to date on any new developments in this ongoing story.