Agreed however this court has shown it can dance between originalism, textualism, and tossing both of those to the wind (Trump v Anderson) when it aligns with policy goals.

Also it probably wouldn't even fly with anyone since so many other emergency powers are generally accepted as necessary (i.e. defense). The immunity decision is full of rhetoric about the legislature being too slow for crises.

Their best bet is to invent a time machine, go back to Obama, have Obama pass emergency tariffs, then lobby to repeal that act.