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To: LS
There is already a process in place to contest an Emergency Declaration. How does that not take precedence ? How do they get to do and end run around the existing law ? Once there is an Emergency Declared, Congress can contest\end it via a legislative process.
So who has first standing ? probably only congress.

If it comes before a judge, before the process has been exhausted, the judge should kick it because it’s not ripe.

The proclamation is transmitted to congress and published in the Federal Register.

Congress can try to terminate the proclamation by concurrent resolution.

The concurrent resolution process then takes on a life of its own.

If there is a concurrent resolution, it gets sent to the President for his signature or veto. If veto, 2/3rds of Congress is needed to override.

The president doesn’t need to fight 2/3rds, he only needs to concentrate on the number needed in each house to sustain the veto.

If he loses,game over. If he wins, take it to court and good luck with that.

or am I missing something ?
91 posted on 02/16/2019 11:28:33 AM PST by stylin19a (2016 - Best.Election.Of.All.Times.Ever.In.The.History.Of.Ever)
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To: stylin19a

If it gets to a veto, then Trump vetos, and on a concurrent resolution . . . note, NOT the budget resolution-—Trump would sustain that veto in both houses.

As I argue, he likely would NOT sustain a budget veto in both houses because they are desperate to get gubment open again.

Big difference in what the Congresscritters are voting on.


121 posted on 02/17/2019 6:26:05 AM PST by LS ("Castles made of sand, fall in the sea . . . eventually" (Hendrix))
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To: stylin19a

In my non-lawyer opinion you are 100 percent correct. There is no court justification on this. It is only a Congressional matter. If they fail to override the Declaration then there should be NO standing in any court for any one.


128 posted on 02/17/2019 7:10:51 PM PST by Lakewood
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