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bluestarone

(16,939 posts) Mon Jan 7, 2019, 05:04 PM Jan 2019

Quick question about Emergency order by RUMP

If Rump does impose National emergency, WHO will file with the courts to fight his order? TY in advance!

6 replies

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Quick question about Emergency order by RUMP (Original Post) bluestarone Jan 2019 OP

I imagine the first private land owner whose land the government attempts to take. NutmegYankee Jan 2019 #1

Well, that's a difficult question, really. Who would have standing? BP2 Jan 2019 #2

I'm no legal scholar Proud Liberal Dem Jan 2019 #3

First of all the military doesn't build walls and it would doc03 Jan 2019 #5

Again i'm wondering if this decision by RUMP could bluestarone Jan 2019 #4

Any state government why would has priority status, and MineralMan Jan 2019 #6

NutmegYankee

(16,199 posts)

1. I imagine the first private land owner whose land the government attempts to take.

Reply to bluestarone (Original post)

Mon Jan 7, 2019, 05:07 PM

Jan 2019

If not by the House on a challenge that there is no actual emergency.

BP2

(554 posts)

2. Well, that's a difficult question, really. Who would have standing?

Reply to bluestarone (Original post)

Mon Jan 7, 2019, 05:11 PM

Jan 2019

http://www.norwalkreflector.com/Government/2019/01/07/Trump-declaring-an-emergency-just-might-succeed-law-prof-says.html?ci=stream&lp=1&p=1

President Donald Trump's repeated threats to get money for a border wall by declaring a national emergency, although derided by many who also threaten legal action, just might succeed, especially since it's not clear that anyone would have legal standing to challenge it in court, suggests public interest law professor John Banzhaf, an expert on obtaining standing.

The National Emergencies Act does offer a legal remedy - both chambers of Congress can vote to override.

Proud Liberal Dem

(24,412 posts)

3. I'm no legal scholar

Reply to BP2 (Reply #2)

Mon Jan 7, 2019, 05:16 PM

Jan 2019

but wouldn't just about any US citizen have legal standing? I mean, Trump IS currently *gag* President of the United States of America. A Declaration of National Emergency from the President could have potentially wide consequences for every person in the USA.

It can't be easier to get standing for challenging the Affordable Care Act than an obviously bogus Declaration of National Emergency- can it?

doc03

(35,332 posts)

5. First of all the military doesn't build walls and it would

Reply to BP2 (Reply #2)

Mon Jan 7, 2019, 05:17 PM

Jan 2019

take years to build a wall over 2000 miles long. We would have to get Mexican workworkers to build it.

bluestarone

(16,939 posts)

4. Again i'm wondering if this decision by RUMP could

Reply to bluestarone (Original post)

Mon Jan 7, 2019, 05:16 PM

Jan 2019

Be considered collusion with RUSSIA? I feel Russia has their hands in this as well!! Mueller could get involved as well??

MineralMan

(146,298 posts)

6. Any state government why would has priority status, and

Reply to bluestarone (Original post)

Mon Jan 7, 2019, 05:42 PM

Jan 2019

The case would probably be heard away by SCOTUS. California would be a likely plaintiff, since it's directly affected. Its Attorney General is probably already working on a draft.

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