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February 19, 2019

Legal Fact Check explores case law related to presidential emergency powers

WASHINGTON, Feb. 15, 2019 — With President Donald Trump signing a declaration of emergency to fund construction of a border wall today, the battle likely will be headed to the federal courts.

“I expect to be sued,” the president said today. “I think we will be very successful in court.”

A new ABA Legal Fact Check looks at the statutory and case law related to presidential emergency powers, including a landmark 1952 U.S. Supreme Court decision on presidential powers in which the justices blocked an order by then President Harry Truman.

ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to sometimes confusing legal questions and issues. For coverage of other timely issues in the news, these prior ABA Legal Fact Checks might be helpful:

  • Click here on the limits of U.S. troops at the southern border
  • Click here on the legal history of U.S. birthright citizenship
  • Click here on what legally constitutes the crime of treason
  • Click here for an ABA Legal Fact Check on under what circumstances, if any, would a president be above the law.
  • Click here for an ABA Legal Fact Check on the authority of a president to issue pardons.

The URL for the site is Follow us on Twitter @ABAFactCheck.

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