Legislating via the courts.

Via ABC News:

California Attorney General Xavier Becerra said the state will “definitely and imminently” be filing its 46th lawsuit against the Trump administration, this one over the president’s recent national emergency declaration on the southern border.

“We are prepared,” Becerra, a Democrat, said on “This Week” Sunday. “We knew something like this might happen, and with our sister state partners, we are ready to go.”

Becerra told ABC News after his interview on “This Week” that New Mexico, Oregon, Hawaii and Minnesota will be joining California in the coming lawsuit. […]

“This Week” Co-Anchor Martha Raddatz pressed California’s top law enforcement officer on the broad authority granted to the president under the 1976 National Emergencies Act as to what qualifies as an emergency.

“Where do you believe he’s really overstepped his bounds, given this very vague law?” Raddatz asked.

“Well, he himself said it,” Becerra said. “He did not need to announce or declare a crisis. He did not have to call this an emergency.”

During Friday’s press conference announcing the declaration, Trump said, “I could do the wall over a longer period of time. I didn’t need to do this, but I’d rather do it much faster.”

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