The administration issued its initial response to lawsuits challenging the president’s declaration of a national emergency.
By Fred Barbash Fred Barbash Law, constitution and courts Email Bio Follow April 5 at 5:50 PM The Trump administration is arguing that the president’s national emergency declaration for the purpose of building a border wall cannot be reviewed by the courts and is not subject to any limitations.
The House suit focused largely on the shifting of funds from military and drug interdiction programs to help pay for the wall, arguing that neither diversion could be justified legally or constitutionally, Trump’s declaration of an emergency notwithstanding. [Trump backs off threat to close border, says he’ll give Mexico ‘one-year warning’ on drugs, migrants]
Responding to arguments that an emergency requires some unanticipated crisis — a natural disaster, for example — the Justice Department noted that other presidents have declared emergencies for a variety of long-term problems. It cited examples including President George H.W. Bush’s declaration of an emergency in 1990 to address the proliferation of nuclear and chemical weapons.
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