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Not Everything Is an Emergency

Courts should check the use of presidential power in taking extraordinary measures to address routine problems.
Ilya Somin /
U.S. Marines and members of the California National Guard stand in line at the entrance of the Metropolitan Detention Center following federal immigration operations in Los Angeles on July 4, 2025. (Photo by EtienneT Laurent/AFP via Getty Images)

The Trump administration has attempted to make sweeping use of emergency powers in the areas of immigration, trade, and domestic use of the military. In each case, President Donald Trump has tried to use powers legally reserved for extreme exigencies—invasion, war, grave threats to national security—to address essentially normal political challenges.

Ilya Somin is a professor of law at George Mason University, the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute, and author of “Free to Move: Foot Voting, Migration and Political Freedom.” Together with the Liberty Justice Center and others, he was co-counsel in VOS Selections v. Trump, one of the tariff cases decided by the Supreme Court.

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