CNN’s chief political analyst make a surprising prediction this morning in regards to Trump’s national emergency.
It comes at the end of this video, after they make fun of Trump eating omelets:
If you don’t want to watch, here’s the pertinent part via Newsbusters:
There will certainly be some judges who say, look: it is the executive branch’s decision how to define an emergency. They will certainly come with arguments that say this is an emergency. And some judges will say, we just are not going to second-guess the executive branch in this area. Whether that’s five Supreme Court justices, I don’t know. My guess is it probably is. I think we are now in a moment, a conservative moment in our courts, where there is a lot of deference to the executive branch. So I think, you know, it’s — this is not a slam dunk for either side, this legal case. But if I had to guess, I would say the President is ultimately going to win.
Toobin normally has a hate-on for Trump these days, so it did surprise me that he’s predicting victory for the president in the courts.
The truth is that the national emergency is completely legal based on statutory authority given to Trump by the Congress. Despite what the ardent critics say the only real question before the courts, as Toobin pointed out, is if the courts will agree with Trump on what constitutes a national emergency.
I suspect that Toobin is right that most justices will defer to Trump on what constitutes a national emergency based on the law. Of course we know that some will block it – they always block anything Trump does on phony grounds. But of course Trump will appeal it and I believe that a higher court, if not the highest court, will allow the national emergency to continue while the case is being heard.