Milligan's Mulligan

Now did you read the news today?
They say the danger's gone away
But I can see the fire's still alight
They're burning into the night
--Genesis

Judge Nap rails on government officials who have raised false flags of 'emergency power' to restrain freedom during the CV19 situation. He cites the Ex parte Milligan ruling that legally rejected the proposition that government can suspend constitutionally guaranteed liberties by declaring emergencies. 

However, he stops short of explaining how state governors have been able to get away with it this time around. Why haven't legal challenges stopped all emergency declarations in their tracks? 

This remains one of the most perplexing aspects of what has transpired over the past year.