Speaker Nancy Pelosi (D-Calif.) announced Thursday that the House will file a lawsuit to block President Trump’s national emergency declaration to build a wall along the southern border.
The move marks the latest effort by House Democrats to push back against Trump’s use of federal money to construct a wall after lawmakers denied him those funds.
{mosads}”The President’s action clearly violates the Appropriations Clause by stealing from appropriated funds, an action that was not authorized by constitutional or statutory authority,” Pelosi said in a statement. “Congress, as Article I – the first branch, co-equal to the other branches – must reassert its exclusive responsibilities reserved by the text of the Constitution and protect our system of checks and balances.”
Congress passed a resolution to terminate Trump’s emergency declaration, but the House last week failed to meet the necessary two-thirds threshold to override the president’s veto, the first of his presidency. Fourteen Republicans, mostly centrists, voted with Democrats in the veto override attempt.
Democrats are now turning to the judicial system.
“The House will once again defend our Democracy and our Constitution, this time in the courts,” Pelosi said. “No one is above the law or the Constitution, not even the President.”
The Bipartisan Legal Advisory Group — an entity compromised of congressional leadership that oversees the House general counsel’s office — voted Thursday to authorize the lawsuit on behalf of House Democrats.
Multiple lawsuits have already been filed to stop Trump’s emergency declaration, including one led by California Attorney General Xavier Becerra (D) on behalf of 16 states.
Pelosi and Rep. Joaquin Castro (D-Texas), the Congressional Hispanic Caucus chairman, said last week that they may force additional votes to block the emergency declaration, as is allowed every six months under the National Emergencies Act.
“In six months, the Congress will have another opportunity to put a stop to this President’s wrongdoing. We will continue to review all options to protect our Constitution and our Democracy from the President’s assault,” Pelosi and Castro said in a joint statement after the House failed to override Trump’s veto.