The decision before the decision

The decision before the decision

On Friday, Aug. 21, Chief Justice John Roberts issued an administrative, or temporary, stay, allowing construction to continue on the White House ballroom. The order put on hold a district court injunction that would have halted work by midnight, and it explained...
Respecting our multi-branch lawmaking process

Respecting our multi-branch lawmaking process

In my inaugural entry for this column, I critiqued the Supreme Court’s reliance on an abstract conception of the “separation of powers.” Because the Constitution does not contain a “separation of powers” clause, but instead contains a collection of specific provisions...