While Congress can technically overturn the president’s emergency order, the Republican majority in the Senate would likely block such an action, in spite of lukewarm grumblings from Republican lawmakers. The impasse will almost result in further court battles.

Regardless of what the DOJ says in response to CREW’s suit, Trump himself appeared to undercut his own legal defense for declaring the emergency, saying at one point during his Rose Garden speech that “I could do the wall over a longer period of time. I didn’t need to do this.”