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How exactly do the legal challenges play out once Emergency is declared?

Posted on 1/19/19 at 9:12 am
Posted by Cow Drogo
Member since Jul 2016
7399 posts
Posted on 1/19/19 at 9:12 am
From anyone who actually knows what the hell they are talking about only please.
Posted by Uncle Don
The Big House
Member since Jul 2018
4229 posts
Posted on 1/19/19 at 9:18 am to
First some goes in front of some radical judge in Hawaii
Posted by bamarep
Member since Nov 2013
51805 posts
Posted on 1/19/19 at 9:21 am to
There's not going to be a emergency declaration.
Posted by Cow Drogo
Member since Jul 2016
7399 posts
Posted on 1/19/19 at 9:21 am to
First some?
Posted by CelticDog
Member since Apr 2015
42867 posts
Posted on 1/19/19 at 9:25 am to
Chief justice Roberts disappoints the poli board, bigly.
Old lady is wheeled in to cast deciding vote.
Yes, the president can be indicted.
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
42578 posts
Posted on 1/19/19 at 9:26 am to
quote:

Old lady is wheeled in to cast deciding vote.


I am going to want to see up to the minute proof of life and identity every time she casts a vote from now on.
Posted by Cow Drogo
Member since Jul 2016
7399 posts
Posted on 1/19/19 at 9:28 am to
So Supreme Court gets to decide whether it’s emetgency or not?
Posted by KosmoCramer
Member since Dec 2007
76518 posts
Posted on 1/19/19 at 9:34 am to
quote:

So Supreme Court gets to decide whether it’s emetgency or not?


Ultimately, that's where it would probably end up.

Sky screamers would file for an injunction in the 9th circuit federal court in California

The activist judge would most likely grant it

There would be months of legal battles

The 9th circuit would rule against Trump based on very shaky legal ground

The Supreme Court would eventually take up the case months if not a year later
Posted by Skorzany
Member since Dec 2018
356 posts
Posted on 1/19/19 at 9:35 am to
First I make a roux me. Comme ca.
Posted by bmy
Nashville
Member since Oct 2007
48203 posts
Posted on 1/19/19 at 9:36 am to
Probably impeachment
Posted by boosiebadazz
Member since Feb 2008
80227 posts
Posted on 1/19/19 at 9:37 am to
The House would probably file for injunctive relief
This post was edited on 1/19/19 at 9:52 am
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98730 posts
Posted on 1/19/19 at 9:47 am to
Look at Youngstown case and its procedural history.

Would likely start with a preliminary injunction, which would be granted by a favorable judge.

Look for significant forum shopping
This post was edited on 1/19/19 at 12:03 pm
Posted by trinidadtiger
Member since Jun 2017
13364 posts
Posted on 1/19/19 at 9:48 am to
quote:

So Supreme Court gets to decide whether it’s emetgency or not?


Ultimately, that's where it would probably end up.

Sky screamers would file for an injunction in the 9th circuit federal court in California

The activist judge would most likely grant it

There would be months of legal battles

The 9th circuit would rule against Trump based on very shaky legal ground

The Supreme Court would eventually take up the case months if not a year later



While a liberal judge issues a "stay" until it can be decided, the new AG says "What part of EMERGENCY did you not understand" and they continue to build.

It gets to the supreme court, and the AG says we have to have NINE justices rule, not eight and a law clerk on behalf of ginsburg. So they wheel her into court for the vote and the AG says not so fast.

We have a drug policy, you cannot be taking drugs which impair your ability to perform your job....and vote. Now if she does stop taking the drugs...well the supreme court has ruled that you cant refuse medical treatment that can endanger a persons life. So either way she is not fit to vote or remain on the supreme court....unless you want to delay the case until she is healthy, or passes away. If the latter we can just drag out the next nominee til the wall is built.

Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
36019 posts
Posted on 1/19/19 at 9:49 am to
quote:

Probably impeachment

Are you serious? It was Congress that ceded this authority to the President to begin with. This isn't a high crime or a misdemeanor.
Posted by boosiebadazz
Member since Feb 2008
80227 posts
Posted on 1/19/19 at 9:53 am to
what are the chances you think it plays out the way you described?
Posted by Cow Drogo
Member since Jul 2016
7399 posts
Posted on 1/19/19 at 10:00 am to
If anything
They can get some of it built while the legal tantrum unfolds
Posted by geaux88
Northshore, LA
Member since Oct 2003
16355 posts
Posted on 1/19/19 at 10:05 am to
I don’t have a link, but I did hear this being talked about by Dershowitz a few days ago. He said a shopped for liberal judge (prob from 9th circus) would try to block, but that in this case there would be a mechanism for it to be expedited upward to the SCOTUS and the process would be ruled on in only about two months.
Posted by VOR
Member since Apr 2009
63492 posts
Posted on 1/19/19 at 10:08 am to
You guys do realize that the Constitution grants Congress the “power of the purse”, right?
Posted by BBONDS25
Member since Mar 2008
48298 posts
Posted on 1/19/19 at 10:11 am to
Of course. What is the implication?
Posted by Cow Drogo
Member since Jul 2016
7399 posts
Posted on 1/19/19 at 10:18 am to
But could building start instantly and go on during 2 months?
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