Does SCOTUS have any recourse to reigning in rogue lower courts usurping its authority? Otherwise I am afraid there is no downside to a district court announcing the Emergency is unconstitutional, just to make news....
Of course it does. The Supreme Court can grant certiorari and reverse the lower court’s ruling.
Clarence Thomas has talked about doing this. Maybe he’s waiting for one more reliable constitutionalist.
If they do, Trump just has to pull out his copy of the Constitution and show them that ONLY the SCOTUS can hear it. It seems the states that jumped on this lawsuit have screwed themselves up as they cannot tie the case up in lower courts for years.