Congress
Emergency Powers Reform Within Grasp
Jack Goldsmith, Bob Bauer Wed, Nov 17, 2021, 8:14 AM
There is clear bipartisan support for National Emergencies Act reform with an IEEPA exclusion.
Latest in National Emergencies Act
Coronavirus
The Federal Government’s Legal Authorities in a Public Health Crisis: A Q&A with Benjamin Wittes and Steve Vladeck
David Priess Fri, Mar 20, 2020, 5:31 PM
Lawfare Editor in Chief Benjamin Wittes talked with Steve Vladeck, professor of law at the University of Texas School of Law, for a 90 minute live Zoom webinar on Monday, March 23 at 8:30 p.m ET.
Immigration
Documents: Government Motions to Dismiss Border Emergency Lawsuits
Lev Sugarman Wed, Apr 3, 2019, 10:03 AM
On Tuesday, the Trump administration filed motions to dismiss in two lawsuits challenging President Trump’s use of a national emergency declaration to build a wall on the U.S.-Mexico border. The suits, Center for Biological Diversity v. Trump and Alvarez v. Trump, were filed in the U.S. District Court for the District of Columbia immediately following Trump’s Feb. 15 emergency declaration. The government motions to dismiss in both cases are available in full below.
Executive Power
Congress Should Limit the Emergency Powers of All Presidents
Josh Blackman Fri, Feb 22, 2019, 2:51 PM
President Trump claims that the law allows him to spend billions of dollars on a wall that Congress refused to fund. House Democrats, along with Republican Rep. Justin Amash, have introduced a joint resolution that would rescind the emergency proclamation. That proposal is an important start, but Congress should do more.
Executive Power
Everyone Calm Down About That Declaration of National Emergency
Quinta Jurecic Wed, Jan 9, 2019, 8:37 AM
Stuck with a government shutdown, President Trump and his advisors are reportedly considering the invocation of emergency authorities in order to begin construction of a wall along the U.S.-Mexico border. The president stopped short of making such an announcement in his address to the country on Tuesday night. But according to Axios, a declaration of emergency “remains the most likely ultimate option.”
Executive Power
Emergencies Without End: A Primer on Federal States of Emergency
Catherine Padhi Fri, Dec 8, 2017, 9:00 AM
The United States is in a state of emergency: 28 national ones and many more local. This might come as a surprise, but it isn’t new—this month marks the start of our 39th year in a continuous emergency state. What is an emergency, and how did we get here? This post explains.
Background