[grey_whiskers]

Only for a DS judge.
The law allowing Presidential EOs sets the bar for Congress to refuse the EO, ,i.e., a 2/3 margin. This threshold was set by Congress itself.
Congress cannot get a Court to declare something “UnConstitutional” just because Congress fell short of the votes for its OWN *self-imposed* remedy.

[BiggBob]

National emergencies act case decided by supreme Court in 1983

https://www.law.cornell.edu/supremecourt/text/462/919

Court upheld to overturn a presidential veto it required 2/3 vote in BOTH house and senate

And even WAPO knows it

https://www.washingtonpost.com/outlook/2019/01/23/president-trump-can-declare-national-emergency-build-his-wall-and-that-should-scare-us/?utm_term=.c2608dcffb56

Trump can declare a national emergency to build his wall — and that should scare us
Congress has given the president far too much power to declare emergencies

[Bob Ireland]

***The law allowing Presidential EOs sets the bar for Congress to refuse the EO, ,i.e., a 2/3 margin***

I sure hope you (all) are right. I am not a legal type - so I can cloud everything up! ;^) Perhaps greeneyes is correct: it may come down to Justice Roberts.