The Inscrutable Supreme Court
The Inscrutable Supreme Court
Paul Rosenzweig argues that the Supreme Court's unexplained order in Department of Homeland Security v. D. V. D. is a threat to the rule of law. By allowing the deportation of individuals to third countries without a hearing or any provided reasoning, the Court rewards the Trump administration's defiance of lower court orders. Rosenzweig criticizes the 6-3 majority for abandoning the judicial principle of explaining its decisions, concluding that the action is one of raw power, not law, turning the Court into an authoritarian body.
Note
this is not a surprising outcome. it was always a matter of when, not if.
we haven't had three branches of working checks and balances long enough to know that the path towards correction won't come from the courts.
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