This article examines President Trump’s use of emergency powers during his second term, concluding that compared to recent administrations, he has invoked these powers more frequently, across a broader range of issues, and as a routine tool for advancing domestic policy goals. The article argues that the judiciary can and should respond to constrain this abuse of executive power, and it offers recommendations for how courts might do so.
View the dataset that supports the discussion in the article.
This resource was commissioned by or produced by staff of the Center for Applied Environmental Law and Policy before the organization rebranded as Ridgeline Center for Law and Policy in 2026.
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