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Trump wins even if he loses Supreme Court battle

By David Singer - posted Friday, 22 February 2019

President Trump's Proclamation of a National Emergency on the Southern Border (Proclamation) has ensured that the consequences of the illegal entry of drugs, criminals and foreigners through that porous border will now be owned by the Congress and not the President – guaranteeing him certain victory in the 2020 Presidential elections.

The rush to test the legal validity of Trump's Proclamation in the Courts was clearly in Trump's mind even before he had signed the final papers:

So the order is signed. And I'll sign the final papers as soon as I get into the Oval Office. And we will have a national emergency, and then we will then be sued, and they will sue us in the Ninth Circuit, even though it shouldn't be there. And we will possibly get a bad ruling, and then we'll get another bad ruling. And then we'll end up in the Supreme Court, and hopefully we'll get a fair shake.


Trump's readiness to go the whole distance to the Supreme Court - doing what he personally can to resolve what he clearly perceives to be the "National Security and Humanitarian Crisis on our Southern Border" – signals huge political problems for the Democrats.

Trump's use of the words "our Southern Border" is very instructive and should be noted very carefully by the Democrats - heading a queue of eager litigants who cannot wait to get Trump into court and hand him the thrashing of all thrashings in the confident expectation their interpretation of the law will triumph over that of Trump's legal team.


  • cache of drugs now discovered at an unfenced spot in the porous border,
  • murder, assault, traffic incident resulting in death or serious injury or robbery in an American home - caused by an entrant into America other than through an authorised point of entry (unlawful entrants) and
  • death by drug overdose

will be sheeted home to the Democrats in a torrent of Trump tweets using blunt and unforgiving terms for which Trump has become renowned.

Each new caravan arriving at the southern border will be another nail in the Democrats' coffin.


These incidents will be duly reported in detail on Fox News 24 hours a day – and they will be very hard to be ignored by what Trump calls the "fake news".

Angel Moms and Dads sitting front row at Trump's press conference will be frontline in this long battle as Trump told the large gathering of media representatives:

I have such respect for these people. Angel Moms, Angel Dads, Angel Families. I have great respect for these people. These are great people. These are great people. They're fighting for their children that have been killed by people that were illegally in this country.

And the press doesn't cover them; they don't want to, incredibly. And they're not treated the way they should be. They're fighting for other people because they don't want what happened to their children or husband or anybody.

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About the Author

David Singer is an Australian Lawyer, a Foundation Member of the International Analyst Network and Convenor of Jordan is Palestine International - an organisation calling for sovereignty of the West Bank and Gaza to be allocated between Israel and Jordan as the two successor States to the Mandate for Palestine. Previous articles written by him can be found at

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All articles by David Singer

Creative Commons LicenseThis work is licensed under a Creative Commons License.

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