Battle lines are already being drawn for the next Supreme Court term.
The Justices will be faced with a case that will define Donald Trump’s presidency.
And one top Democrat is already trying to influence the court by threatening to make Brett Kavanaugh’s life a living hell.
Donald Trump’s decision to declare a national emergency to unlock military construction funds to build a border wall is shaping the contours of the 2020 Presidential election.
Every Democrat running for President not only opposes the move, but pledged revenge.
Former Obama Housing and Urban Development Secretary Julian Castro is looking to gain traction in the race.
Castro hoped to jumpstart his campaign by threatening Brett Kavanaugh and the other Supreme Court Justices with radical uses to declare national emergencies should the court uphold Trump’s decision.
The 2020 contender told MSNBC that he will declare national emergencies to implement Soviet-style takeovers of the economy to combat so-called “global warming” and take people’s guns away.
“If I take office on January 20, 2021, that I will come into office with a strong belief that climate change is a national emergency, that the fact that so many people in this country die because of gun violence, that is a national emergency, the folks that —the fact that so many folks still sleep on the streets in our country because they can’t find a place to live that is affordable is a national emergency. So I think this president is setting a bad precedent. What he should do is negotiate with Congress if he’s determined to get funding for the wall. He hasn’t been able to do that. And this is a symptom of his failure because I do believe that it is going to set a bad precedent and there are more pressing things that we need to do if we’re considering what is a national emergency. I hope that it doesn’t go in that direction, frankly, because I think that Congress should play its role, whether authorizing the use of military force or budgetary decisions. That is not something the president should abuse,” Castro began.
The Texas Democrat concluded, “If the president’s action in this case is upheld by the Supreme Court, then it does open up new avenues for future presidents to take action. And that is why I think that you see both conservatives and progressives who have taken a step back and said, look, this might not be in the best interest. It is not in the best interest for this president to go forward in this way.”
Even some squeamish Republicans have echoed this talking point.
They claim Democrats could turn around and end-run Congress by using national emergencies to impose a radical policy agenda.
But these fears are overblown.
Cass Sunstein – who worked in the Obama administration as a regulations czar, and whom the left believes is a legal scholar – shot down the idea that Trump declaring a national emergency to build a border wall meant that any President now has a blank check to impose policy priorities thwarted by Congress.
Sunstein explained in Bloomberg that the Democrats couldn’t just confiscate guns or combat climate change—they’d have to identify specific statutory language authorizing these actions after a Democrat President declared a national emergency.
“Under the National Emergencies Act, the central question is not whether the president has declared a national emergency. It is whether he can point to a specific authority, after such a declaration, to respond to the problem that concerns him.
In the cases of climate change and gun violence, a president would have to identify some such authority. Perhaps he could find some legal bases for action – but there isn’t likely to be a whole lot there.”
Castro and other Democrats know this.
But they hope to achieve a replay of the 2012 Obamacare case.
Barack Obama, other Democrats, as well as members of the fake news media, engaged in an unprecedented campaign to bully the court into accepting the clearly unconstitutional Obamacare individual mandate by threatening the court’s legitimacy.
Here, Democrats know the court will strike down their absurd plans to declare a national emergency.
So they want to poison the well by making it seem like if Trump’s national emergency gets upheld, then anything they do must pass muster to, otherwise the Supreme Court is nothing more than a partisan tool of the Republican party.
We will keep you up to date on any new developments in this ongoing story.