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.
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
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
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.