The title of the post is deceptive. Kelly is making the case that using the National Emergencies Act when there is an emergency is already a routine situation that and if it isn’t going to be used when an actual emergency exists then they might as well eliminate it altogether.
The worry many on the Right have is that it will be used by Democrats when they have the Presidency again for everything from Global Warming to Snowflake Bullying. To my mind that is hardly a reason to disarm ourselves against the one truly existential threat to America in our time. Grow up Republicans, you can’t win without fighting.