To stop the Wall from going up, the courts would hear arguments for a temporary injunction. The argument would need to explain the President’s emergency is not an emergency. In so doing the court would set precedent by defining to the executive branch what is and what is not an emergency. In effect, the courts would assume the powers of the Presidency.
would it get this far? if i were a judge i would be tempted to say i did not have jurisdiction due to the separation of powers or something like that...
would it get this far? if i were a judge i would be tempted to say i did not have jurisdiction due to the separation of powers or something like that...