ACLU Announces That It Will Challenge Trump’s National Emergency Declaration

[GURPS]

The ACLU press release reads, in relevant part:

The ACLU will argue that President Trump’s use of emergency powers to evade Congressional funding restrictions is unprecedented and that 10 U.S.C. § 2808, the emergency power that Trump has invoked, cannot be used to build a border wall. Congress restricted the use of that power to military construction projects, like overseas military airfields in wartime, that "are necessary to support" the emergency use of armed forces.

Many conservative legal scholars disagree with the ACLU's analysis. In particular, John Eastman of the Claremont Institute and John Yoo of Berkeley Law and the American Enterprise Institute, each of whom formerly clerked on the U.S. Supreme Court for Justice Clarence Thomas, have both expressed their belief that President Trump's national emergency is being enacted declared pursuant to Congress's delegated statutory authority. There is also the separate threshold question as to whether the ACLU would even have proper standing to sue, under Article III of the U.S. Constitution.

The Washington Examiner reports that Trump's national emergency declaration will allow him to potentially fund 234 more miles of border fencing. The declaration, per the Examiner, opens up an additional $6.6 billion in funding that may be used for the wall — far more than the $1.375 billion that the omnibus compromise "deal" provided.

ACLU Announces That It Will Challenge Trump’s National Emergency Declaration | The Daily Wire

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