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Reporters already calling to ask about hypothetical emergency declarations based on speculative statutory authority which will go into effect at unknown times.
Can he do it? Depends what statute he relies on.
Can property owners challenge it? Depends on whether he builds the wall on land already owned by gov.
Can a judge issue a nationwide tro? Depends how long it would take to actually begin construction.
Can property owners challenge it? Depends on whether he builds the wall on land already owned by gov.
Can a judge issue a nationwide tro? Depends how long it would take to actually begin construction.
I can answer one question with a high degree of certainty: no one will file any challenges in Texas.
(My above tweet referred to nationwide injunction litigaiton, not suits brought by individual property owners.)
A related thought POTUS may only order construction in Texas to cut off challenges from California in 9th Circuit and ensure any local challenges outside of DC can be bought in Texas in 5th Circuit.
