IN THE NEA ACT OF 76, I don’t see role for the courts. The people through their elected representatives just spoke in the congress. That was THE check and balance on the president. No role for the judiciary and i hope trump will say so.
You can’t have an emergency and then let it filter thru the judicial system at the whim of a judge or panel of judges. Imagine doing that in world war 2 or major storm etc.
Other than for a court to rule the NEA Act of 76 in violation of the constitution. That’s the tack the dems will take in court.