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1/ Early press round-up on Wall executive order.
@politico @joshgerstein politico.com/story/2019/02/…
@politico @joshgerstein politico.com/story/2019/02/…
3/ I will have a piece on @lawfareblog package on 10 U.S.C. 1084 law.cornell.edu/uscode/text/10…. This statute, signed into law by Pres. Obama, authorized SecDef to support the “construction of ... fences ... to block drug smuggling corridors across international boundaries of the US.”
4/ Today I am also in D.C. to talk about severability in the new Obamacare case at @AEI : aei.org/events/sense-a… w/ @tedfrank @IlyaSomin, Jim Blumstein, James Harrison, David Gans aei.org/events/sense-a…
6/ @NPR tells me that POTUS announcement was pushed back to 10:15.
7/ As chance would have it my hotel room is a block from the White House
8/ Now @NPR tells me the POTUS announcement will start at 10:25 ET. (I'm on hold now)
10/ POTUS expects to lose in the 9th Circuit, but hopes #SCOTUS gives him a fair shake.
15/ David Gans (@MyConstitution) talks about severability in new Obamacare case at @AEI @FedSoc event
16/ Here is the operative language in the Executive Order (forwarded by a reporter). By itself, this language does not make any changes. It merely declares the emergency, and nothing else.
17/ As presently constituted, there is no diversion of resources or exercises of eminent domain. I don't see any immediate grounds for standing.
18/ It is also possible the executive branch will first spend the money allocated by Congress, before moving to reallocate any other funding pursuant to emergency declaration. Still don't know who would have immediate standing with such a nebulous order. States will try.
20/ @EricColumbus raises point I mentioned earlier: parties will not have standing to challenge "emergency" money til it is actually spent
