DOJ argues the courts have no say
By Fred Barbash
April 5
The Trump administration is arguing that the president’s national emergency declaration for the purpose of building a border wall cannot be reviewed by the courts and is not subject to any limitations.
In a response to two lawsuits filed in federal court, the administration is also challenging the litigants’ standing to sue, saying the plaintiffs are unable to show that the declaration or any action flowing from it has caused them harm.
As Justice Department lawyers responded to the complaints from private litigants, which include conservation groups and advocacy organizations representing a group of Texans living near the border, the U.S. House of Representatives filed its own challenge Friday in federal court in Washington.
“Having lost the political fight over funds to construct the wall,” the House declared, “the Administration took the extraordinary step of announcing that it would nevertheless spend up to $8.1 billion on wall construction. In doing so, the Administration flouted fundamental separation-of-powers principles and usurped for itself legislative power specifically vested by the Constitution in Congress. “Even the monarchs of England long ago lost the power to raise and spend money without the approval of parliament,” it said ...
https://www.washingtonpost.com/world/national-security/courts-have-no-say-in-trumps-border-wall-decree-justice-department-argues/2019/04/05/d83f80a0-579d-11e9-9136-f8e636f1f6df_story.html?utm_term=.3e3b49d8d97a
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