“Even though Trump’s political maneuver to get around an uncooperative Congress looks like it stretches the Constitution, the questions presented in court will raise ordinary and complicated issues of administrative law,” Shane said.
“In a potential judicial dispute over the wall, the Democratic-led House would argue that the Defense Department was undermining Congress’ appropriations power by spending funds that had not been authorized for that purpose,” Shane said.
“The first is the question of causation,” Simmons said. “They have to prove that in fact it was the fentanyl that the doctors and nurses administered that actually caused these deaths.”
“Courts are reluctant to second-guess the president on matters of national security,” Shane said.
“It’s hard to know how exactly this is going to unfold politically or judicially,” Shane said.
“Because the president’s words are so at odds with the ordinary meaning of ’emergency,’ any brief challenging the emergency would be negligent not to quote him,” Shane said. “Whether a court would use those words to void the declaration is another matter.”
“If it’s successful, I think it is a creative way that lawyers are trying to help individuals actually vindicate their claims,” Cole said.
“If the president has merely requested that governors support a mission by sending up their National Guard, the Guard members remain under the control of the states,” Shane said. “There is no requirement to comply.”
“Winning a partisan-gerrymandering claim has never been easy,” Tokaji writes. “But to have any realistic hope of prevailing, the plaintiffs and their amici will have to present the facts and law in a way that’s different from the lower-court opinions.”
“It’s hard to predict, but I could see at least a year or two of legal wrangling over this before the courts finally decide whether he can build the wall that way or not,” Simmons said.
If passed, a “Heartbeat Bill” would ban abortions after a fetal heartbeat is detected.
“That entire issue should have no impact on the way the (Rhoden) case is prosecuted,” Berman said.