In a RedState article entitled, “Trump Declares National Emergency To Build The Wall, Prepares For Lawsuits Which Will Surely Follow,” my outstanding colleague Elizabeth Vaughn, describes President Trump’s response to the spending bill just passed by Congress. One of the points the President spent some time on, was the expected use of “lawfare,” to thwart his agenda. From the article:
Trump predicted that the 9th Circuit court willrule against him and described what the legal process might look like. He said, “We will have a national emergency, and we will then be sued. We will possibly get a bad ruling, and then we’ll get another bad ruling. Then we’ll end up in the Supreme Court, and hopefully we’ll get a fair shake, and we’ll win at the Supreme Court — just like the [travel] ban.”
In a previous article, I had written that this would indeed be the leftists’ response, although of course, I wasn’t the only one, or even the first one to note this. My point here, is that now is the time Mr President. Now is the time to take it to these leftists and put them on the defensive.
You’ve declared the National State of Emergency, which means you have the statutory authority to begin work. Please do so—in Texas. Please start projects in friendly areas, hopefully where landowners have already or have expressed willingness to allow their land to be used for this purpose. That takes one issue (eminent domain) off the table, at least for now.
By starting in Texas, you are starting in a judicially friendly territory. Have your Attorney General apply for a Declaratory Judgement there. Even if the first Federal Judge you encounter there produces an adverse ruling, the 5th Circuit would in all likelihood, overrule him.
Once you have that ruling in your pocket, you can then begin construction on projects in California, in the 9th Circuit. Of course the leftists will go to court there, and will win all the way up to and including the 9th. But here’s the good part, a victory in the 5th Circuit should preclude the 9th from issuing one of its infamous, “nationwide stays.” Even better, a “push” between two judicial circuits, should result in the Supreme Court taking the case. Moreover and contrary to the intent of the leftists, operations in the 5th Circuit wouldn’t be delayed.
Time to take it to these anti-American leftists. Time to put that newly-minted Attorney General to work.
Mike Ford is a retired Infantry Officer who writes on Military, Foreign Affairs and occasionally dabbles in Political and Economic matters.
You can find his other Red State work here.
He is also (reluctantly) on Twitter: @MikeFor10394583