One hopes, by having the wisdom of a Harlan in Plessy, by having the wisdom to understand, always, no matter what the situation, that our Constitution has held us in good stead for over 200 years and that our survival depends on upholding it.
Sotomayor advocates for constitutional wisdom in judicial decisions.
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The President can’t restructure federal agencies inconsistently with congressional mandates.
In the end, to the Court, the facts do not matter, even though the consequences are serious.
It hands the Executive the power to repeal statutes by firing all those necessary to carry them out.
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