Sepiche wrote: ↑
Fri Feb 15, 2019 8:26 pm
on why Drumpf's emergency declaration, as drafted, is likely to fail miserably in court.
That said, I think Trump will prevail in court, as do a number of experts who are smarter than me:
1) Courts do not like to get into second guessing the reasoning behind something like this - they don't want to do this. If Congress passed a bad law, they don't like rescuing Congress from the impacts of said law.
2) The courts have consistently deferred to the executive in decisions of this nature - see 1) above
3) The court will say that if Congress doesn't like the president's decision, they have a remedy - they can vote a veto proof resolution repealing the president's declaration. They can't do that - too bad, that's the law the law they wrote and enacted, too late to complain about it now.
I'd really like to be wrong, but I'm afraid I will be right.
The real problem is with the law. It is far too vague and concedes far to much to the executive function. I know that they were concerned with a true emergency situation but the current law gives the president too much power that can be used and has been used far too often.