In the past decade or so, increasing judicial overreach has caused harm to our constitutional order by limiting the ability of the executive branch to implement the program it was elected by the American people to pursue. It has been a scourge for both recent Republican and Democratic presidents, and it may provoke extreme measures to restore order. The recent defiance goes even further, threatening to damage the internal integrity of the judiciary, which ultimately relies on lower courts to follow the Supreme Court’s direction.

 

Someone Is Defying the Supreme Court, but It Isn’t Trump

By Adrian Vermeule

Mr. Vermeule teaches constitutional and administrative law at Harvard Law School.