Analysis: Trump just vetoed Congress’s disapproval of his national emergency. That doesn’t mean he’ll get the money.
By Aaron Blake Aaron Blake Senior political reporter, writing for The Fix Email Bio Follow March 15 at 4:31 PM This post has been updated.
As I argued Thursday, the disapproval in and of itself was significant for its size and effect. We have seen over and over again how a closely divided GOP-controlled Senate has come close to rebuking the president. Almost always, the holdouts have been prevailed upon to toe the line in the end.
The question from there is whether those twin rebukes might also matter for the legal battle. However people feel about this particular national emergency declaration, Congress did give the presidency rather broad authority to declare such emergencies. When it passed the National Emergencies Act in the 1970s, it handed over some of its constitutional authority over the purse strings of government.
Jessica Levinson of Loyola Law School told me this is likely to come down to whether the courts decide to narrowly interpret the statute or focus more on whether there is actually an emergency and whether Trump has this authority. In this case, though, the court would not have to surmise how Congress feels about its authority being usurped; it would have votes on which to base the idea that Congress clearly did not want Trump to take an action involving a power that it afforded him.
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