By Deanna Paul and Fred Barbash
February 6
For weeks, President Trump has toyed with the idea of invoking emergency authority to build the southern border wall. Despite Senate Republicans’ warnings against an emergency declaration, once again, Trump made a case for one during Tuesday’s State of the Union address, calling the situation at the U.S.-Mexico border “an urgent national crisis.”
In 1976, Congress passed the National Emergencies Act, which gave the president the right to pronounce a national emergency on a whim. The act offers no definition of “emergency” and gives the president access to dozens of laws with specialized funds. Although none automatically allocate additional money to the president during a national emergency, legal experts have pointed to two emergency powers that could shift Defense Department funding ...
Private landowners whose property is seized under the rule of eminent domain would have standing to file suit. States that were expecting diverted funds could sue, if they can show sufficient injury. Attorneys from environmental and civil rights groups have also made known their intentions to sue.
From Twitter to campaign speeches, Trump has provided plenty of ammunition for potential litigants. Few if any presidents have made so many unguarded and ill-informed statements, and Trump’s have been used quite effectively against his administration and his own policies. Dozens of important policy decisions have been blocked by judges just in the first two years ...
https://www.washingtonpost.com/politics/2019/02/06/trumps-tweets-could-be-used-against-him-court-if-he-declares-national-emergency/?utm_term=.0cc555a85b1d
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