Glenn Reynolds writes for the New York Post about the U.S. Supreme Court’s questionable approach toward the Trump administration.
Roberts seems less concerned with preserving the court’s legitimacy in the eyes of America’s citizens, and more with the views of the editorial pages of the New York Times and the Washington Post, plus some Ivy League law professors whose schools’ decaying reputations should give him pause.
But now the flurry of lower-court interference is reaching crisis proportions, say Harvard’s Vermeule and others.
The prime issue, among others, is the illegal — and yes, it was contrary to the statutes on the books — Biden administration policy to admit millions of unvetted migrants into the country, and to allow them to stay here.
The “rule of law” didn’t matter then, because the crowd to which Roberts defers was in favor of open borders and its massive influx of a low-wage, government-dependent underclass.
Biden’s border policy has never been popular with the public, but the public isn’t Roberts’ concern: When he worries about legitimacy, he’s really thinking peer opinion — the “Mean Girls” judiciary. …
… This came to a head early Saturday as Roberts and six colleagues stepped in o temporarily uphold a lower-court opinion interfering with Trump’s deportations.
The Supremes acted one-sidedly and with untoward swiftness to block the president — in accordance, it seems, with Vermeule’s dictum.
But don’t take my word for it. Here’s what Justice Samuel Alito said, in a blazing dissent:
“Literally in the middle of the night, the Court issued unprecedented and legally questionable relief without giving the lower courts a chance to rule, without hearing from the opposing party, within eight hours of receiving the application, with dubious factual support for its order, and without providing any explanation.”
The court may make much of the “rule of law,” Alito noted — but “both the Executive and the Judiciary have an obligation to follow the law.”
The court’s irregular behavior here brings that into serious question.
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Author: Mitch Kokai
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