If he loses at the Supreme Court then it will forever establish the precedent that the President can’t move money around in the budget. The Dems favorite ploy will no longer work.
Yeah, because leftist judges will stop them from doing it just like they did during 16 years of Clinton & Obama.
It is a mistake to think that application of law (correctly or incorrectly) to a Republican president will be applied the same to a Democrat president.
He doesn’t need to move money around, it’s already in military funding for infrastructure to deter drug running. He doesn’t even need a declaration of emergency for that.
The declaration of emergency is to highlight the grave nature of the border problems. It also helps angel families cope with their loss by having a President that ‘gets it’ and who proclaims loudly that their suffering is not in vain.
Recall that angel families were not even allowed into Pelosi’s office. They are as good as dead to Democrats. Hearing our President proclaim loudly “Emergency” gives these families great hope and justice especially after being shunned by Democrats.
I think that is the least likely outcome. The Constitution contemplated that the Executive must have the power to respond to emergencies, common in the New World with a immature Republic. They didn't want a Parliament, they had tried to do that with the Articles of Confederation and learned that it didn't work. The didn't want a King either, so a strong President subject to elections was the porridge that was just right.
The Supreme Court are never going to overturn that basic architecture of our government. Trump is well supported by existing statues crafted and approved by the Congress. They can only be bypassed by repeal, not by some legislative fiat by a Court. Moreover, Pelosi cannot proclaim that since she is now the Speaker, she has the power and the mandate to overturn existing law. The best that the Supreme Court can do is to nibble around the margins, but since that has never been done with National Emergency I don't think that the Court will do it now. Reprogramming money already appropriated is the mother's milk of all politicians, Presidents, and Members of Congress, and they won't stand for trampling on their prerogatives.
If the President loses at the S/C it means our representative republic is no more. The executive and the legislative branches MUST re-exert their authority. Five unelected justices were never given the constitutional authority to be absolute monarchs responsible to no higher authority, except to God, who they ignore!