Justice Kagan Tells Us What She Really Thinks About President Trump
The briefing in Trump v. Wilcox concluded on April 16. The case has been pending for nearly a month. Who knows what sorts of negotiations took place to get to this faux-Solomonic ruling. Justice Kagan’s eight-page dissent, however, did not take a month to write. She could have probably cranked this out in an afternoon.
In this dissent, Kagan tell us what she really thinks about President Trump. A few excerpts stand out.
First, she issues a not-so-subtle rebuke that Trump must “follow existing precedent.”
It should go without saying that the President must likewise follow existing precedent, however strong he thinks the arguments against it—unless and until he convinces us to reject what we previously held. Yet here the President fired the NLRB and MSPB Commissioners in the teeth of Humphrey’s, betting that this Court would acquiesce. And the majority today obliges—without so much as mentioning Humphrey’s.
So much for departmentalism. Indeed, Trump’s own Solicitor General acceded to the myth of judicial supremacy. Then again, Humphrey’s Executor concerned the FTC. As far as I ca
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