Will the courts stop a Trump border wall emergency order?

Barbarians at the gates - the sack of Rome 410 A.D.

We haven't heard the speech or seen the Declaration of Emergency and its legal rationale but...

I'm about to begin the spring semester and will be teaching Remedies.  The bulk of the course focuses on the body of law known as Equity.  Injunctions are the archetypal  remedy where money damages will not suffice.  

As you know a tsunami of commentary is about to hit the shores as Donald Trump delivers his "address to the nation" from the "Oval Office".  

There will doubtlessly be both legislative and court challenges to such an order.

Questions about injunctive efforts that immediately come to mind are: 

 

Under the National Emergencies Act 50 USC 1601, et seq. is whether there’s a statute that would allow him to reprogram funds for the wall if he declares an emergency. 

Second question is standing to challenge. Whose interests are affected sufficiently to constitute a "case or controversy" - the jurisdictional prerequisite of federal courts.

Third is "balance of equities" on a preliminary injunction, which is canonically described as "extraordinary" relief.

Fourth is what is the factual standard for existence of emergency. For that see this  article by Margaret Taylor in Lawfare (Brookings Institution) Declaring an Emergency to Build a Border Wall: The Statutory Arguments

- GWC