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A Court Might Block Trump’s Wall as Vice President Pence Argues Judges Should Not Have the Power to

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The American Civil Liberties Union is set to argue a case this week that could halt President Donald Trump’s national emergency declaration, which diverted federal funds from the Department of the Treasury and the Department of Defense  to the construction of his southern border wall project. The lawsuit to stop what many call a baseless declaration comes amid the administration’s pledges to restrict federal district courts’ ability to rule on matters of national executive policy, in a move that would amount to the White House exempting itself from judicial oversight.

On Friday, a federal judge will hear the lawsuit, which the ACLU filed last month on behalf of the Sierra Club, which is concerned about the ecological impacts of the wall, and the Southern Border Communities Coalition advocacy groups.

Chief among the plaintiffs’ arguments against the national emergency declaration is that Trump used it to circumvent the so-called “power of the purse” bestowed upon Congress in the Constitution. “Neither a declaration of emergency nor the statutes that [Trump and his staff] have invoked permit the President to disregard Congress‘s enacted appropriations legislation,” the suit reads.

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