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The group of states, led by California Attorney General Xavier Becerra, brought the lawsuit in the federal district court in northern California.
"We will try to prevent the president from violating the Constitution, the separation of powers, stealing money legally from Americans and states allocated by Congress," said Becerra to CNN, Kate Bolduan, on Monday.
The attorneys general of Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon and Virginia joined the lawsuit.
This is the latest challenge for the Trump government, which is already facing a litany of lawsuits about the national emergency declaration. Over the weekend, the Center for Biodiversity, the Border Network for Human Rights, which marched with Beto O. Rourke in El Paso, Texas, last week, and the American Civil Liberties Union have all announced lawsuits.
The argument that Trump bypbades Congress to fund the wall along the US-Mexico border by declaring an emergency is at the heart of every lawsuit.
"The Constitution attributes to Congress the power to spend, and no previous president has ever tried to use emergency powers to finance a chosen project – particularly a large-scale permanent national project like this one – against the will of the Congress.It is obviously unsuitable, "said Dror Ladin, advocate of the ACLU National Security Project.
Becerra argued that states have the right to challenge Trump because the money badigned to them could be in danger.
"If the president steals mainly money that has been allocated to various states, but will not do it anymore, we are harmed, our people are hurting themselves," he said.
The wave of lawsuits was expected, but it will probably be difficult to fight them in court.
The National Emergencies Act allows the president to declare a national emergency and to release funds by relying on certain legal authorizations. The chair has wide discretion over what constitutes a national emergency. As a result, legal experts argue that it will probably be difficult to fight the statement on the basis of urgency itself. The other question is whether the law invoked by Trump – which in this case requires recourse to the armed forces – can be used to finance the wall.
The administration faces not only lawsuits, but also the possibility of a joint resolution proposed by Democrats in the House to end the statement. The resolution must be pbaded by the House and then by the Senate before going to the office of the President.
On Sunday, White House advisor Stephen Miller said Trump would launch the first veto of his presidency if lawmakers tried to end the statement.
National emergencies can last for a year and then end, unless the president renews the statement 90 days ago, said Robert Chesney, former justice official and teacher at the University of Texas at Austin School of Law . Every six months, the Congress may decide whether or not to present a joint resolution to end the emergency.
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