DRUGS/HHS/TRUMP AS PRESIDENT: “Two weeks ago, in response to a reporter’s question, President Trump proclaimed that he considered the opioid crisis to be ‘a national emergency,’ leading many news organizations to report that a national emergency had been declared. But the Trump administration, perhaps caught off guard by the president’s statement, has not yet taken the legal steps to give those words force.
A national emergency, and the extra powers that come with it, requires a formal declaration, which the Trump administration has not made. According to a White House spokesman, any such emergency actions are going through ‘an expedited legal review,’ but it is unclear how long this review will take. This kind of delay between pronouncement and formal declaration is not normal. In the past, formal declarations and public pronouncements of a public emergency generally have happened simultaneously…
Public health emergencies are distinct from those declared by the president. Instead, the secretary of health and human services, Tom Price, could declare a public health emergency on his own. This would unlock a range of expanded powers for the health department, allowing the secretary to issue grants and spend money that he otherwise would not be able to. Mr. Price would also be given additional freedom to direct resources and amend regulations.”
-Josh Katz, “Is the Opioid Crisis a National Emergency?,” The New York Times online, Aug. 24, 2017