The Lawfare Podcast Lawfare Archive: Steve Vladeck on Emergency Powers and Coronavirus
Jun 29, 2025
Steve Vladeck, a law professor specializing in national security and constitutional law, dives into the complexities of presidential emergency powers during the coronavirus crisis. He discusses the delicate balance between federal and state authority and the historical reliance on states for public health measures. The conversation also explores military involvement in civilian matters, implications for upcoming elections, and the urgent need for effective testing protocols. Vladeck's insights shed light on the potential for overreach and the legal frameworks governing emergency actions.
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Federalism in Public Health
- The responsibility for public health crises mainly lies with state and local authorities due to their policing powers and presence on the ground.
- Federal responses are rare and courts generally defer to governmental efforts during health emergencies.
Congress Controls Emergency Powers
- The president's emergency powers in public health emergencies come mostly from congressional statutes, not inherent Article II powers.
- Statutory interpretation of delegated powers is key to understanding the president's authority in crises.
Delay in Emergency Powers Use
- The Trump administration delayed using emergency powers during the early coronavirus response.
- Such delays likely increased the need for more drastic and coercive government actions later.
