The professors answer on twitter:
You don’t think this is open ended enough to provide for such powers?
“The President may prescribe such regulations and issue such orders as the President may determine to be appropriate to carry out this Act.”
@steve_vladeck
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No. Because the regulations still have to be a reasonable construction of the authorities conferred by the Act itself.
He is talking through both sides of his mouth. He is a military justice expert but he is not the commander in chief who can change policy based upon the dynamics oh the situation and if those regulations do not provide an effective war fighting strategy they can be restructured. i know because I work development of big ticket item military equipment and things can be changed in our supply chain issues if required and the regulatory necessities can be restructured into the process.