Today's holding undermines the certainty and finality Congress sought in designing a mechanism for judicial review; it subjects all administrative schemes, and the many businesses and individuals relying on them, to the ever-present risk of disruption.
Justice Kagan's argument against the majority's ruling and its implications for judicial review.
Share
More from Elena Kagan
Intimidation is a different thing entirely. And when political figures of any stripe are trying to intimidate judges and justices to do things that they like rather than the things that they don't, that's where we really have crossed the…
I will say that that’s an extremely difficult question for a pretty obvious reason, I think, which is that I don’t think that you would want an enforcement system that was controlled by the executive branch or by the legislature.