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In the News

Trump Might Have A Solid Case For Emergency Declaration, Analysts Say

quoting Jack Goldsmithvia The Guardian
Tuesday, February 19, 2019

Many legal analysts who watched Donald Trump declare a national emergency over immigration on Friday thought the president had weak legal grounds for doing so. In particular, many thought Trump hurt his own case by admitting, right there in the White House Rose Garden: “I didn’t need to do this, but I’d rather do it much faster."

In the News

Trump’s Emergency Declaration, John Yoo’s Take

quoting Jack Goldsmith, John Yoovia Powerline
Monday, February 18, 2019

Over the weekend, I linked to Jack Goldsmith’s article on President Trump’s use of national emergency power to come up with the money to build more border fencing. Goldsmith took no position at this early date on the legality of Trump’s move. However, his initial view is that hysteria over it is misplaced and that Trump’s legal position is plausible.


Stanford’s Michael McConnell On President Trump’s Declaration Of A National Emergency

interview with Michael McConnellvia Stanford Law School
Saturday, February 16, 2019

Hoover Institution fellow Michael McConnell discusses the separation of powers, this latest presidential declaration of national emergency, and the law.


Trump’s Declaration Of National Emergency Was Unnecessarily ‘Dramatic’: Victor Davis Hanson

interview with Victor Davis Hansonvia Fox News
Saturday, February 16, 2019

Hoover Institution fellow Victor Davis Hanson discusses that the pending legal battle over the national emergency declared by President Trump may all center around “semantics.” Hanson added that it was “psycho-dramatic” to say that the Constitution is “in danger,” pointing to Obama’s actions on the 2015 Iran Nuclear Deal and DACA.

In the News

Hold The Hysteria Over Trump’s Emergency Declaration

quoting Jack Goldsmithvia Powerline
Saturday, February 16, 2019

President Trump’s decision to declare a national emergency and move funds around to pay for more wall building is certain to be challenged in court. The case almost surely will arrive at the Supreme Court.

In the News

ACLU Announces Lawsuit Against President Trump For ‘Illegal’ National Emergency

quoting John Yoovia NTD
Saturday, February 16, 2019

The American Civil Liberties Union (ACLU) said it was filing a lawsuit against President Donald Trump following his declaration of a national emergency on Feb. 15.

Analysis and Commentary

What Is And Isn’t A Big Deal In Trump’s Executive Actions Related To The Border

by Jack Goldsmithvia Lawfare
Saturday, February 16, 2019

On Feb. 15, President Trump took a number of legal steps, including declaring a national emergency and invoking emergency authorities, in connection with his efforts to construct a wall on the southern border. There are important senses in which Trump’s actions are a big deal, and important senses in which they are not nearly as big a deal as many contend.

In the News

Parties Line Up To Sue Trump On ‘National Emergency’ Declaration

quoting Michael McConnellvia Fortune
Friday, February 15, 2019

Now that he has declared a “national emergency,” all that stands between President Donald Trump and the money he wants to pay for his promised border wall is the American judiciary. And the Constitution. And the attorneys general of California, Nevada, New Mexico and New York. And a vast array of land owners and local governments.


John Yoo: No Court Has Ever Struck Down A President's Reallocation Authority

interview with John Yoovia Fox News
Friday, February 15, 2019

Hoover Institution fellow John Yoo discusses what qualifies as a national emergency.

In the News

Trump Can Build A Wall Without Congress

quoting John Yoovia Patriot Post
Monday, February 11, 2019

The president has several options to break what has become an inexcusable stalemate.


Immigration Reform Initiative

The Conte Initiative on Immigration Reform aims to improve immigration law by providing innovative ideas and clear improvements to every part of the system, from border security to green cards to temporary work visas.