The US Code regarding national emergency declarations says the way to overrule them is through a joint resolution of congress. That eliminates the law suit option.
Yp8 can’t run a national emergency if every state or judge can take charge through fiat. That’s why it’s in the hands of 1 person, the commander-in-chief.
Trump should sep up and say the courts have no jurisdiction.
Imagine a border wall through California and new mexico and none in arizona because they don’t want one. How would that work?
Build the wall and tell the courts they are irrelevant according to the US Code.
In addition, the Administration may counter sue the states in that by enjoining more than one state, that group of states have effectively waived state immunity as
Those states may be sued under the waiver of sovereign immunity as any entity created involving more than one state are presumed to not be arms of the member states under the 11th Amendment and the Compact Clause.