A Query for Legal Folks in the US (TRump etc, National Emergency)

Bruce Ackerman, a professor at Yale Law School, says he cannot in this case:

[link to www.nytimes.com (secure)]

but in this case I believe that (not for the first time) Ackerman is being a partisan hack and actually Trump can. Here's my response from a discussion of the above article, elsewhere:

I think he's misread "Youngstown Steel", no doubt on purpose because he knows what I am about to say much better than I do. The reason Truman wasn't allowed to seize the steel mills is that he had an alternative method already in federal law, the recently passed Taft-Hartley Act that allowed him to force unions back to work. SCOTUS just told Truman to use that instead.

And when Ackerman imagines the Senate would support the House in repudiating an emergency via Section 5 (albeit maybe only 50 votes needed because it goes straight to floor vote according to him) he's assuming the Senate would act differently than it has in the past two years. I think Mitch McConnell could hold together at least 50 votes to support the emergency declaration.