Eric Posner on "Judges v. Trump"

Judges v. Trump: Be Careful What You Wish For

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?

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