Trump has declared nine national emergencies under the 1976 National Emergencies Act, or NEA, during the seven months he’s been in office. That’s 1.3 emergencies per month. If we include crime in D.C., which Trump declared an emergency under a different law—the 1973 Home Rule Act—it’s an even 10. For now. “We may declare a national housing emergency in the fall,” Treasury Secretary Scott Bessent told the Washington Examiner on Monday. That’s 11. Add Chicago and Baltimore and it’s 13, assuming Trump doesn’t dream up more emergencies to declare in the interim.
Trump’s excessive use of emergency powers is itself an emergency. The best solution would be a definition explaining what “emergency” means under the NEA; the statute doesn’t furnish one. Mark Medish, writing in The New Republic in 2022, noted that legislation to curb presidential emergency powers then enjoyed bipartisan support and that Trump’s first term had demonstrated why it was so urgently needed. Fix the roof, Medish warned, while the sun is still shining. But Congress did not act, and now it’s raining cats and dogs and we’ve got pots out everywhere to catch the leaks.
An invasion, for example, sure sounds like an emergency, and Trump claims one along the southern border, Goitein pointed out, under the 1798 Alien Enemies Act so he can deport undocumented immigrants without the usual due process. In April, the Supreme Court said it was fine with that.
Georgetown labor historian Joe McCurran pronounced the mass union-contract nullifications “by far the largest single action of union busting in American history,” and he wasn’t wrong. Perhaps you thought it was a big deal when President Ronald Reagan fired 11,000 PATCO flight controllers way back in 1981. But in August alone, as The New York Times reported on Labor Day, Trump’s actions stripped protections from more than 445,000 federal workers. Harold Meyerson of The American Prospect put the total at more than one million federal workers—which, he noted, equals an astonishing one-fifteenth of all Americans covered by a union contract. In June, the American Federation of Government Employees won a preliminary injunction against the nullifications in district court, but that was later stayed by the Ninth Circuit while it reviews the case.
An exasperating barrier to fighting the emergency emergency is the absence of any obvious legal strategy to halt Trump’s overuse of emergency declarations. “I don’t know any way to bring a legal challenge to the heavy reliance on emergency powers,” Goitein told me, and if she doesn’t know I doubt anybody else does. Impeachment may offer freer rein, but we’re a long way from that. So lawyers are stuck with challenging individual abuses in court as they arise.
Some judges have indeed started saying to the Trump administration, in effect, Cut the shit. “Blind deference to the government?” said Judge Zia M. Faraqui recently when asked by federal prosecutors not to unseal a search warrant. “That is no longer a thing.” At a hearing concerning Kilmar Ábrego Garcia, whom the Trump administration deported to El Salvador in defiance of her court ruling, Judge Paula Xinis tried and failed to get a straight answer from prosecutors about what they’d do with Garcia once he was brought back. “This has been the process from Day One,” she erupted. “You have taken the presumption of regularity and you’ve destroyed it in my view.”
In August, the nonprofit Center for American Progress suggested, based on research by Harvard political scientist Erica Chenoweth and others, that it will take about 12 million Americans—a mere 3.5 percent of the population—to halt Trump’s abuses of power. This can happen. In March, I published a guide to resisting Trump. I’m no expert on this subject, but I consulted a lot of people who are, and they had some good ideas. We may need to try all of them, because the emergency emergency won’t end itself. We’re already seeing considerable mass protest. Let’s build on that.
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