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Even if the courts say it's unconstitutional, he can go back to his base and say, i thought, i took it all the way, i took it to the courts and the courts thwarted my efforts. >> before it gets to the courts, if republicans do stand firm on this, at least the ones who have come out in opposition to this, you could have a resolution of disapproval which would require a presidential veto to get the emergency declaration through. it may not even get to the courts if republicans are unified in opposing the move. >> right. i don't know that we'll get -- it's hard to say whether republicans will or ...

Unfortunately we can't say a deal has been made. don't expect a shutdown deal in the next few days. lawmakers are already out of town. another sign no deal in sight at least in the near term. the battle between the president and house speaker nancy pelosi has taken a public and ugly turn. the president nixed pelosi's war zone trip after she said he should delay his state of the union address until the government is back open. he says he delayed her trip on a military plane because of the shutdown. critics say it looks like payback. just hours after the announcement, the first lady took an air ...