An alliance of 16 states, including California and New York, proposed a lawsuit against President Donald Trump. The states claimed that Trump’s decision to use his executive power to fund for the border wall is unconstitutional. Due to the deal he signed on Friday Feb. 22, President Trump used his executive power to declare a national emergency, which will give billions of dollars to his border wall.
This lawsuit was filed in San Francisco. All 16 states are arguing that the President does not have enough power or ability to gather the funds and to construct the border wall because building the border wall would be controlled by government spending.
Xavier Becerra, the attorney general of California, told CNN that “the President himself had undercut his argument that there was an emergency on the border.”
Since Democrats have the majority in the House of Representatives, they may take an action of their own after recess is ended. Congress will have to work alone against the President’s decision.
Previously, lawmakers granted Trump $1.375 billion for new border barriers, a deal he signed last week in order to prevent another government shutdown.
Trump acknowledged the likelihood of legal challenges on Friday said, “We will possibly get a bad ruling, and then we’ll get another bad ruling, and then we’ll end up in the Supreme Court, and hopefully we’ll get a fair shake.”
After Trump’s announcement on Feb 15, two cases were filed which were one by the nonprofit watchdog group Public Citizen, who were representing several Texas landowners and a Texas environmental group, and the other a case jointly brought by the Center for Biological Diversity, Defenders of Wildlife and the Animal Legal Defense Fund.
President Trump has argued that the emergency declaration is “warranted” because the migrants that pass the Mexico border have been committing crimes, and drug abuse is occuring frequently.
The Trump administration has a powerful tool to strike back. In the National Emergencies Act, Congress defined no standard for what conditions have to be met before a President may determine that a qualifying crisis exists.
The plaintiff’s would have to establish a standing by showing that the people are suffering from Trump’s decisions and doings.
Sophomore Elliott Hooper said, “I do not believe the states have a chance against Donald Trump, although their case is strong. What will they gain after suing Trump?”
The national emergency could be able to be terminated if both houses agree, and at the same time the President does not veto or override it. Even if President Trump decides to veto both house’s decision, a supermajority vote could out turn his decision.