The Supreme Court in the 1934 Home Building and Loan Association v. Blaisdell (dealing with mortgage lending and foreclosures) characterized the emergency in homeownership as a sudden, unanticipated disaster akin to a natural calamity like a fire or flood.
Because there are barriers along 654 miles of the 1,954-mile-long southern border and because immigration has been a topic of high-level policy debate, the situation at the border cannot be described as an emergency. Getting the Supreme Court to agree will prove a daunting task, especially in light of last year’s genuflection in the court’s travel ban ruling.
Worse still is the prospect that after pressing the emergency button for the border wall, Trump’s appetite for more outrageous initiatives will expand exponentially until he destroys our democracy piece by piece, one phony national emergency at a time.