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Trump’s Crystal Ball, and the Supreme Court

This article was prepared exclusively for the New York Analysis of Policy & Government by ret. Judge John Wilson.

On February 15 of this year, President Trump held a press conference, during which he stated his intention to declare a National Emergency along the Southern Border of the United States.  His actions were made necessary by the failure of Congress to authorize sufficient funding for the construction of a barrier between Mexico and the United States.  Later that same day, drawing upon his power to declare a National Emergency, the President issued a proclamation, The opening section of stating that:

“The current situation at the southern border presents a border security and humanitarian crisis that threatens core national security interests and constitutes a national emergency.  The southern border is a major entry point for criminals, gang members, and illicit narcotics.  The problem of large-scale unlawful migration through the southern border is long-standing, and despite the executive branch’s exercise of existing statutory authorities, the situation has worsened in certain respects in recent years.  In particular, recent years have seen sharp increases in the number of family units entering and seeking entry to the United States and an inability to provide detention space for many of these aliens while their removal proceedings are pending.  If not detained, such aliens are often released into the country and are often difficult to remove from the United States because they fail to appear for hearings, do not comply with orders of removal, or are otherwise difficult to locate.  In response to the directive in my April 4, 2018, memorandum and subsequent requests for support by the Secretary of Homeland Security, the Department of Defense has provided support and resources to the Department of Homeland Security at the southern border.  Because of the gravity of the current emergency situation, it is necessary for the Armed Forces to provide additional support to address the crisis.

NOW, THEREFORE, I, DONALD J. TRUMP, by the authority vested in me by the Constitution and the laws of the United States of America, So, the medicine of http://www.learningworksca.org/about/ viagra ordination same power will perform as the same way. It learningworksca.org buy levitra helps in curing sexual weakness and increases the stamina stabilizing hormones. It improves muscle mass, viagra cost in india http://www.learningworksca.org/resources/in-the-news/ energy, libido, sperm count and motility and helps to gain harder erection for pleasurable lovemaking. Bear with us also if we seem to feel pharmacy cialis that we have imperfect kids…..and perfect grandchildren. including sections 201 and 301 of the National Emergencies Act (50 U.S.C. 1601 et seq.), hereby declare that a national emergency exists at the southern border of the United States, and that section 12302 of title 10, United States Code, is invoked and made available, according to its terms, to the Secretaries of the military departments concerned, subject to the direction of the Secretary of Defense in the case of the Secretaries of the Army, Navy, and Air Force.  To provide additional authority to the Department of Defense to support the Federal Government’s response to the emergency at the southern border, I hereby declare that this emergency requires use of the Armed Forces and, in accordance with section 301 of the National Emergencies Act (50 U.S.C. 1631), that the construction authority provided in section 2808 of title 10, United States Code, is invoked and made available, according to its terms, to the Secretary of Defense and, at the discretion of the Secretary of Defense, to the Secretaries of the military departments.” 

During his remarks, the President made a prediction:  “we will have a national emergency, and we will then be sued, and they will sue us in the Ninth Circuit, even though it shouldn’t be there, and we will possibly get a bad ruling and then we will get another bad ruling, and then we will end up in the Supreme Court, and hopefully we will get a fair shake and win in the Supreme Court.” 

  In large part, the President’s prediction has come true.

Shortly after the President issued his proclamation, the Sierra Club and a group called the Southern Border Communities Coalition, represented by the ACLU, brought suit in California to halt the use of money drawn from the military’s budget to fund construction of the border wall.  At the end of June, Judge Haywood Gilliam of the Northern District of California granted an injunction, ruling that the Plaintiffs were likely to succeed on several grounds, including the fact that Congress had denied the requested funds, and there were no “unforeseen military requirements” that would justify the use of funds from the military budget to construct the wall. 

The Report Concludes Tomorrow

Illustration: Pixabay