Today, Explained Trump’s emergency powers grab
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May 14, 2025 
Ian Millhiser, a Supreme Court expert from Vox, and Elizabeth Goytin, co-director at the Brennan Center’s Liberty and National Security Program, delve into the unprecedented use of emergency powers by President Trump. They discuss the implications of his emergency declarations, particularly how they've impacted trade and immigration. The conversation also explores ongoing legal battles over the legitimacy of these actions and raises critical questions about the future of presidential powers and the need for legislative reform to prevent abuses.
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Trade Deficits Aren't Emergencies
- The International Emergency Economic Powers Act allows tariffs only for unusual or extraordinary threats.
- Trade deficits are long-standing and not considered an unusual or extraordinary threat by courts.
Court Questions Emergency Tariff Power
- The government argues courts can't question the emergency because it's a political decision.
- Judges appeared skeptical, mock the political question argument, suggesting courts may intervene.
Judges Skeptical of President's Power
- Judges challenged the political question defense and raised the major questions doctrine.
- The court signaled skepticism towards unlimited presidential tariff power under emergency claims.