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Who would have standing to seek permanent injunction stopping the President from declaring a national emergency and redirecting funding from Military Construction or Civil Works under 10 U.S. Code § 2808 - Construction authority in the event of a declaration of war or national emergency or 33 U.S. Code § 2293 - Reprogramming during national emergencies?

As I read Raines v. Byrd I don't think an individual Member of Congress would. Certainly a citizen would not. Could the House of Representatives by House Resolution gain standing or would it take a J Res which would be hard given the Republican Senate?

  • We have a Q&A on this class of issues, arising from Blumenthal v. Trump: law.stackexchange.com/q/33640. There is no way to know if a house of Congress would have to pass a resolution. What we know is that the losers, if it comes to a vote, could not sue. But Coleman v. Miller, 307 U.S. 433 is probably most relevant. – user6726 Jan 30 at 18:15
  • What if an individual soldier were to refuse an order to work on the wall, be charged with failure to obey an order, and move to have the charge dismissed on the grounds that the order was not lawful? – Nate Eldredge Jan 30 at 20:08
  • Coleman v. Miller may be on point, redirecting funding from work for which funds were appropriated to work not so entitled nullifies the votes of members who voted for the extant appropriation. – Richard Struss Jan 31 at 14:57

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