I have no doubt that, if judges must allow the Executive to act unlawfully in some circumstances, as the Court concludes today, executive lawlessness will flourish, and from there, it is not difficult to predict how this all ends.
Jackson predicts dire outcomes from allowing executive lawlessness.
Share
More from Ketanji Brown Jackson
The Court’s disposition of this application does not mean that any measure taken by the Government to implement the Order will necessarily be lawful.
Significant real-world harms can follow Supreme Court stay rulings, and when the court’s orders do not acknowledge that reality, they seem oblivious and ring hollow,
Why is it that one party should get a fast pass to the Supreme Court of the United States, when so many other parties are queued up, waiting patiently for the court’s attention?
It feels to me like the defendants ... are bringing it back to federal court before the state courts have really had a chance to sort out who is the source, what is their allegation with respect to how this causation is happening.