Eric Posner on "Judges v. Trump"

Judges v. Trump: Be Careful What You Wish For
Eric Posner
The New York Times
February 15, 2017

The opinion of the United States Court of Appeals for the Ninth Circuit upholding the temporary restraining order against President Trump’s travel ban has received a fair amount of criticism from legal experts. They point out that the president enjoys considerable legal authority to take immigration­related actions.

But the experts miss the larger significance of the opinion. It is less a conventional statement of legal reasoning than an indication that the courts have woken up to the dangers of the Trump presidency. The courts now must confront aquestion: Can they face down President Trump without undermining their own standing?

Faculty: 
Eric A. Posner