The courts, in their extremely limited wisdom, long ago decided that there was no way for them to determine what a valid emergency was and just defers to the executive.
I can kind of see the reasoning behind this. If there is a genuine emergency, you don’t want to waste time in the courts. Urgency matters.
To make an absurd metaphor, imagine if you called 911 because your house was on fire. You call, and tell the operator. And then instead of immediately dispatching a fire crew to handle it, the operator goes “okay, we’ll send a judge over to take a look and determine if this is a legitimate emergency. They’ll be there in about 30 minutes. Maybe an hour, because the courts are pretty busy right now. If the judge determines it is an emergency, we’ll dispatch the fire truck.”
I can kind of see the reasoning behind this. If there is a genuine emergency, you don’t want to waste time in the courts. Urgency matters.
To make an absurd metaphor, imagine if you called 911 because your house was on fire. You call, and tell the operator. And then instead of immediately dispatching a fire crew to handle it, the operator goes “okay, we’ll send a judge over to take a look and determine if this is a legitimate emergency. They’ll be there in about 30 minutes. Maybe an hour, because the courts are pretty busy right now. If the judge determines it is an emergency, we’ll dispatch the fire truck.”