This Mess Is of Your Own Making, Chief Justice Roberts

“…when one of the near-countless cases of judicial overreach in which partisan Democrat operatives in black robes issued absurd orders delaying presidential orders involving immigration issues or spending reforms or other changes well within the sole purview of the executive branch made its way to the Supreme Court for review, this column discussed a piece by the Federalist’s John Daniel Davidson that shredded the Supreme Court’s Chief Justice John Roberts and Justice Amy Coney Barrett for siding with the Democrats.

After noting that for procedural reasons the specific case in question would likely still come out all right, I joined Davidson’s rejection of Roberts and Barrett. From that entry…

Still, this was a missed opportunity, and Davidson isn’t wrong in his fury over it. The correct ruling would have been a sharp rebuke of the district court on jurisdictional grounds and an unmistakable signal that these restraining orders are all null and void, and it’s time for the courts to stop granting them. It was an act of cowardice and dereliction by the constitutional court not to provide a clear statement of constitutional law when given an opportunity.

Do better, dammit…”