“The Supreme Court Is Not Cowering Before Trump on the Shadow Docket”
A very interesting analysis at Executive Functions by Prof. Jack Goldsmith (Harvard), a leading scholar of executive power and of the separation of powers; an excerpt, though you should read the whole thing:
I have heard from a few people in recent days who think the Supreme Court is cowering before the Trump administration or, at least, is not adequately standing up to it.
Adam Liptak gave voice to a version of this view a few days ago. In contrast to the Court’s “signature . . . sweeping claims about the meaning of the Constitution,” he argued, the Court in the Trump cases has been issuing “a series of narrow and legalistic rulings that seem calculated to
Article from Reason.com
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