President Joe Biden has pledged sweeping action on climate change but struggled to deliver it. A legal scholar explains why a national emergency declaration should be a last resort.
- Professor of Law, University of California, Berkeley
An appeals court described the EPA’s effort as ‘a series of tortured misreadings’ of US law.
The Trump administration used this shortcut liberally in 2017, but its potential pitfalls and impact raise a question: Should Congress repeal it?
Declaring an issue is a national emergency lets presidents act quickly and with few constraints. But once they get this kind of power, it’s hard to take it back – and it can produce bad policies.
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