Stuart M. Gerson, Member of the Firm in the Litigation and Health Care & Life Sciences practices, in the firm’s Washington, DC, and New York offices, was quoted in Law360, in “Ex-Lawmakers Say Border Wall Emergency Status Was ‘Sham,’” by Sarah Martinson. (Read the full version – subscription required.)

Following is an excerpt:

Former members of Congress urged the Fifth Circuit on Friday to uphold a ruling blocking the Trump administration from diverting $3.6 billion to border wall construction, arguing that a real national emergency like the COVID-19 outbreak shows that the president’s earlier emergency declaration was a “sham.”

In support of El Paso County, Texas, a bipartisan group of more than 100 former lawmakers said that President Donald Trump abused his executive powers by declaring a national emergency at the U.S.-Mexico border in 2019 when there wasn’t one in order to override Congress’ authority to decide how taxpayer money is spent. …

Epstein Becker Green attorney Stuart Gerson, who is representing El Paso County and the Border Network for Human Rights, told Law360that they are “making a fundamentally conservative point.”

“We are on the left-of-center and on the right-of-center, where I am, are advocating for the structural constitution and the checks and balances that the framers intended,” Gerson said.


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