What if the Supreme Court green lights Trump's Exercise of Emergency Powers?

[TomCADem]

I think we are putting to much faith in the Supreme Court, which has folks like Thomas, Alito and Kavanaugh, to follow the Constitution.

Kavanaugh was selected because he thinks the President is a virtual king at least when he is a Republican.

[hlthe2b]

1. It is a series of decisions they must make, not just one and I can not imagine that

even if they acknowledge a right to declare emergency powers, that does not mean that he can take money from the military to fund it, AFTER Congress specifically refused to appropriate funds for it.
Separation of powers is going to be a very strong argument and one which I believe even some of the RW SC justices will want to protect.

[Vinnie From Indy]

2. The next Dem president could use that power to address climate change

[TomCADem]

4. But Kavanaugh Would Rule That is an Overeach

That will be his chance for payback.

[revmclaren]

5. If the SCOTUS rules for tRump in this

a challenge to another President doing it in the future will be very low since precedent will have been made. They may even refuse to consider it.

ONLY! 2019 and beyond.

[CincyDem]

6. They could uphold Trump's emergency order a la Bush v. Gore

In that decision, IIRC, SCOTUS specifically ordered that their decision could not be used by lower courts as the basis for opinions and it was a "one-off" for them in the way that they would not use as the foundation for future decisions.

Have cake: Eat it too. The Republican way.

[GoCubsGo]

8. That's one of the reasons Roberts would likely go against it.

Possibly Thomas, as well. He's ticked off Roberts on more than one occasion, and I think that will play into Roberts' decision as well.

[cynatnite]

3. There are other lawsuits which will hold this up for years...

For one, the private land that is owned along the border.

[beachbum bob]

7. Setting precedent for next democratic president to do same

to address gun violence, global warming, abortion rights.....no SC would want to allow a president to bypass Congress...

[Timewas]

9. Truman tried

https://www.nydailynews.com/opinion/ny-oped-what-trump-must-learn-from-truman-20190108-story.html

[unblock]

10. that's very different.

according to the article at least, truman had no law at all supporting his claim to emergency powers.

donnie likely will contort the meaning of terms under various laws, but so far he's talking about invoking emergency power that are legally granted to the president under certain conditions.

huge difference.


i haven't seen the exact phrasing under the various laws, but if the language simply requires the president to deem a certain kind of emergency exists, then i think the supreme court would be hard pressed to intervene and insert themselves as arbiter of whether or not such an emergency actually exists. far more likely is that they would say congress either should legislate a different mechanism or impeach a president who abuses the process they established.

[Timewas]

11. Personally

I read it as Truman tried under what would be ideal conditions as we were at war at the time...If it were possible to do that would seem to be the time. Of course we have a different SC now.

[unblock]

12. no doubt truman was more sincere and thinking in terms of what's best for the nation

and donnie might pay a price in terms of popular support because he's completely insincere.

but the courts may be far more accommodating to donnie if existing laws actually do give him those powers.