> In a broader sense, however, today’s ruling is of a piece with this Court’s recent tendencies. “[R]ight when the Judiciary should be hunkering down to do all it can to preserve the law’s constraints,” the Court opts instead to make vindicating the rule of law and preventing manifestly injurious Government action as difficult as possible. This is Calvinball jurisprudence with a twist. Calvinball has only one rule: There are no fixed rules.[6] We seem to have two: that one, and this Administration always wins.
For clarity, this excerpt is from the opinion of Justice Jackson, concurring in part and dissenting in part. The excerpt is from page 17 of that opinion, which is page 32 of the pdf linked in the parent comment.
RickJWagner•54m ago
The call to bring judges more to the center should have been made years ago, IMHO. The problem is on both sides of the ideological aisle.
mcphage•2m ago
> The problem is on both sides of the ideological aisle.
throw0101c•1h ago
> In a broader sense, however, today’s ruling is of a piece with this Court’s recent tendencies. “[R]ight when the Judiciary should be hunkering down to do all it can to preserve the law’s constraints,” the Court opts instead to make vindicating the rule of law and preventing manifestly injurious Government action as difficult as possible. This is Calvinball jurisprudence with a twist. Calvinball has only one rule: There are no fixed rules.[6] We seem to have two: that one, and this Administration always wins.
* https://www.supremecourt.gov/opinions/24pdf/25a103_kh7p.pdf
treetalker•1h ago