President Trump’s Declaration of a national emergency at the southern border has been met with strong opinions on both sides. Some say it’s the necessary move to make in order to secure the border after Democrats in Congress managed to keep funding for the border wall from the budget. Others say it is a presidential overreach that sets a dangerous precedent for future presidents.

In addition to protests throughout the country, several state governments are taking up legal arms. The attorney generals of California, Colorado, Connecticut, Hawaii, Illinois, Michigan, Nevada, New Jersey, New Mexico, New York, and Virginia are suing the administration. The lawsuit aims to stop the president’s reallocation of funds from the Department of Defense to pay for the construction of the wall, a power that is usually reserved for Congress.

Even some of the president’s Republican allies in Congress are arguing that his use of the national emergencies powers are misguided in this situation. So far, three Republican Senators have joined Democrats in saying that they will vote to block the president’s resolution. They only need one more to be successful in doing so.

The outcome in the Senate is likely to be close, so for those who oppose the emergency declaration, the lawsuit from the states may be the best chance at blocking it.