“Lately Dershowitz occasionally gets something right. This isn’t the case.”
While I certainly hope Trump wins this battle, I don’t think SCOTUS (if it gets that far) will rule in his favor. The bottom line is Congress has literally had decades to resolve the problems but have failed to do so. I think SCOTUS would scold Congress but would decide that it’s not an emergency because the problems and the means to fix them were there all along.
I sincerely hope I am wrong.
You never know what a court may do, but I think you are mistaken. Congress gave POTUS the power to declare emergencies and to redirect related funds to address that emergency. They don’t get to come back later and veto what is or isn’t an emergency, they left that up to the Executive. Courts are not in the position to arbitrate between the other 2 branches. They could say that specific actions may violate specific laws, but to toss the whole thing out because Congress never allocated the money would be generally outside the scope of what the courts do.
Congress would have to pass a new law to restrict or revoke these powers, or, the courts will find that various specific actions violate other statutes e.g. “putting a wall here harms the native butterfly” and “putting a wall there violates XYZ’s civil rights” and so forth. But even those kinds of rulings are unlikely to hold up on appeal. FWIW, IANAL...
I thought the law is worded that only Congress can override the declaration of the National emergency. Am I wrong?