I guess the Supreme Court will have to settle that one.
They have. Repeatedly - the SCOTUS has consistently ruled and upheld that power cannot be created under an emergency.
Ex Parte Milligan, 4 Wall. 2 (1866),
Wilson v. New, 243 U.S. 332 (1917), and the cases under martial law during World War II that were reviewed and thrown out.
There is no legal mechanism to restrict or suspend any rights - not even under martial law.