If it does have to wind its way through courts, how much time does something like that take?
Let’s hope it doesn’t.
What would be the first court to hear it and could that decision be contested by either side?
As long as necessary (years.)
An injunction against a declaration of emergency is invalid
I don’t know for sure but I think there is a way to send the S.C. the case right away and not have to fight thru the lower courts.
#2, If the government defends the veto they would do it in the D.C. Circuit Court of Appeals and if they lost, in the liberal 4th Circuit Court of Appeals.
However, if they win in DCCA and lose elsewhere, it should normally become a consolidated “appeals” case to the Supreme Court who can schedule anyway they like as long as they are in session.
Don’t think the courts get to weigh in..Congress failed and that should be it.
Doesn’t mean they won’t file 100 lawsuits hoping for a panties-stick-to-the ceiling outcome...
My biggest worry is, would the courts grant a preliminary injunction? They can keep that going as long as the judicial circle jerk is on, and that would exacerbate the crisis exponentially.