I think the real question for me is how what Mike Johnson is doing is Constitutional. Not a single vote has been tallied on Trump’s toaster emergency, despite the law stating it triggers a priority vote in Congress. If you can make a rule as the majority party that allows you to just table any and all votes on a power being usurped by the Executive Branch, then the system of checks and balances has broken down. Even if it were able to be approved by a simple majority vote, then at least every American is getting their representation in Congress. Allowing Trump to just do their jobs for them without making anybody do so on the record is feckless leadership and should be illegal.The dissent (by 2 Republican appointed and 2 Democratic appointed judges) is interesting and in my mind has a certain amount of logic. I don't think the trade deficits are an emergency. But that is not for me to decide. That is for the president to decide. And the country elected a president who believes that a deficit in say toasters or sneakers is an emergency. The fact that the country has been running such deficits for a long time and that previous presidents didn't consider them to be an emergency is irrelevant. The current president thinks they are an emergency.
I don't think any of us would dispute a president can decide it is an emergency if we started running very large deficits in food with a country that was an adversary. So why shouldn't he be able to decide a deficit in toasters and sneakers is also an emergency. He's the guy the country elected to make these determinations. I think there will some, maybe even a majority, on the Supreme Court who will agree with the reasoning in the dissent. It is not the role of the courts to protect us from bad policy.