The lawlessness is the point
By 
It’s John Roberts’s America, Article I is suspended if a Republican is in the White House:
President Donald Trump on Wednesday suggested that he could avoid congressional approval to extend his 30-day federal takeover of Washington’s police, amid his efforts to wrest control of the capital’s law enforcement.
Trump this week invoked the Home Rule Act, effectively handing the executive branch control over Washington’s police for up to 30 days. Beyond that, Trump would have to go through Congress for an extension authorization.
But during his speech announcing the 2025 Kennedy Center honorees on Wednesday, Trump repeatedly floated circumventing Congress to maintain his hold over the city’s law enforcement.
“If it’s a national emergency we can do it without Congress, but we expect to be before Congress very quickly,” Trump said.
Trump appeared to be banking on the support of congressional Republicans to push through any attempt to extend the 30 day takeover — but maintained that if lawmakers failed to approve the extension, he would go forward with the move on his own by declaring a national emergency.
“I don’t want to call a national emergency,” Trump said, before adding, “If I have to, I will.”
I was going to invoke Juan Linz here, but this isn’t even a classic Linzian situation where the legislative and executive branches claim concurrent mandates and the former generally expands into the vacuum created by gridlock. In this case the legislature is the authoritarian executive’s enabler, whether active or passive, and so it is with the Supreme Court as well.