In an article penned on the eve of Trump’s emergency declaration, conservative Trump critic Rick Wilson writes:
He’s also opening a door that Republicans will regret walking through if and when executive power changes hands: When future President Biden, President Castro, President Harris or President Warren can’t get push their agenda through Congress, they’ll be able to do an end-run on the Constitution, claim emergency powers and cite Trump’s precedent to justify it.
The rub is, it goes far beyond just Republicans living to regret this ugly thing, should it survive court challenges. Suppose the next Democrat acts precisely as Wilson fears. Then what? It won’t end there; far from it! The only constant in politics is change. A right-winger will get into the White House soon enough, and with this whole “the president can rule by decree via emergency powers” business will by then be established even more firmly by precedent.
What happens then? Most likely, something that makes Trump look like a harmless little fuzzball in comparison. Be afraid, be very afraid.
Both that, and the earlier issue with a Democrat running rampant with unrestrained executive power, make me somewhat hopeful that the Supremes will slap this thing down. The Court does have a conservative majority, but it is mostly conservatives that predate Trump (and Gorsuch has already shown himself willing to rule against the president that appointed him).