Saturday morning strategy thoughts….building on another anons findings….
If Congress can’t solve the border problem in 20 days through a bipartisan process, then the government shuts down again. Who would be to blame this time? Congress or the president? Nancy & Chuck have been asking for the government to open so they can negotiate. They just got it. Now they must deliver.
If Congress gets nowhere and just tries to pass yet ANOTHER CR, will Trump sign it to avoid another shutdown? Maybe, but if he does, he has guaranteed he would go the National Emergency route. The optics of Congress failing in this case are terrible…NO ONE wants the gov. shutdown again, especially not Dems, right? So…either they give in to Trump, or they force him calling an emergency. Lose…kinda lose.
This is where it gets interesting…I along with everyone else, just assumed this would, WITHOUT A DOUBT, get caught up in the 9th Circuit to stop/delay it. Well, I’m no lawyer, but because the power to do so is embedded with the NATIONAL EMERGENCY ACT of 1976…wouldn’t any court challenge actually be a challenge to the CONGRESSIONAL act? The Travel Ban that was approved was NOT based on the National Emergency Act, for instance…and was caught up in the courts before being approved by SCOTUS.
In short, to stop it with an injunction means shutting down the ENTIRE validity of the a National Emergency Act which has been used dozens of times by many presidents for things like hurricanes, etc. CAN THEY STOP IT?
Interesting link: http://theconversation.com/if-trump-declares-a-national-emergency-could-congress-or-the-courts-reverse-it-109752