[StAnDeliver]

"Actually I can't think of better timing to make a national emergency declaration on the wall than a RBG retirement. In fact Trump should make some other supposed controversial decision around the same time."

Absolutely. Do it 10 minutes after RBG reads her statement. But low-key. Just a piece of paper. Make it a fait accompli. No cameras, no press release. When Trump is asked, he just shrugs and says, "It's done." And the admin releases video of the wall going up that same day. Just get it started.

In fact if the admin wanted to play 5-D chess, they would have a cut-out file an injunction in a friendly Circuit. Then have the friendly Circuit rule in favor of Trump. Then if that gets taken up on cert, SCOTUS 4-4 preserves the lower Court.

[ScottinVA]

Then if that gets taken up on cert, SCOTUS 4-4 preserves the lower Court

That's assuming both Kavanaugh and Roberts would vote "yes." That's far from assured.

[Cletus.D.Yokel]

:: they would have a cut-out file an injunction in a friendly Circuit ::

The longest continuous section of exposed border is in Texas.
Texas is federally adjudicated by the 5th Circuit Court.
The 5th recently ruled ACA (ObamaCare) unConstitutional.