I don’t think either party wants to challenge the act in court. It was passed after a history of court rulings on emergency powers and was intended to remedy the court concerns. It also seem written to eliminate a role for the judiciary putting the onus on congress to check the president’s power. You can;’t run country with an emergency by the fiat of 1 or a small group of judges, who have no army or intelligence gathering apparatus.
I’m not buying your explanation, but the fact is that the Statue is the law of the land, passed by the Congress and signed by the President. The Courts have no role absent a challenge and the silence on that is deafening.
The President is acting using the powers delegated to him by the NEA. The Congress is acting using the same powers established by the same statute. The President will prevail because the Congress will have insufficient votes to overturn his veto. President 1, Congress 0.
The NEA will not be used to build walls on the border. Other statues will be used allowing the President to reprogram funds appropriated by the Congress. This is the season for such reprogramming and it happens every year, authorized by law. The Democrats and the NEA four can do nothing to stop it. In fact, he can do so without citing the NEA EO. He already has the money. He needs the NEA EO to stop the bat crazy attempts by the Democrats to stymie Trump. The Courts will not intervene against the NEA and therefore Trump will win 2 - 0.
On Fox News tonight, Mara Liasson and Jonah Goldberg ganged to present the narrative against the Trump. Mara was citing the standard Democrat Talking points and Jonah was all aboard on the Hate Trump express. Both are wrong on the law and wrong on the facts, so they were pounding the table. This fight is as over as is the Russian Collusion nonsense.