, 5 tweets, 4 min read Read on Twitter
4 clear pieces on the law of “national emergency” and the wall: @MargLTaylor
@BobbyChesney in @lawfareblog; @LizaGoitein in @Atlantic; and @charlie_savage in @nytimes (links here).
My bottom line: Congress has given the president too much discretion.
2/ @MargLTaylor: “On closer inspection, relevant statutes delegate substantial authority to the president, and it is possible to imagine arguments...courts could find convincing if they are predisposed to defer to the president on a national emergency.” lawfareblog.com/declaring-emer…
3/ @BobbyChesney finds similar statutory discretion, and also asks, “Who has standing to challenge in court?”
Congress’s legislative standing isn’t easy. We agree that there are many private landowners facing eminent domain seizures...
@BobbyChesney on standing: “someone who was going to receive a contract from the Defense Department had the military funds not been reprogrammed.”
Unclear a military contractor would risk alienating this administration, unless it knew the Pentagon opposed the wall. Too risky...
4/ I’d suggest that border states, through their AGs, would be the best plaintiffs in cases against an ultra vires wall.
California: @AGBecerra
New Mexico: @HectorBalderas
Arizona and Texas have GOP governors and AGs, despite @NelsonForTexas’s terrific campaign and narrow loss.
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