The Supreme Court Should Not Encourage a One-Judge Constitutional Crisis
The Supreme Court’s main job is to settle questions of law that arise in “cases or controversies.” But it also supervises the federal judiciary. Sometimes, that means getting outside of the Court’s comfort zone of an orderly appeals process when individual judges single-handedly provoke a separation-of-powers crisis. On Wednesday, in Department of State v. AIDS Vaccine Advocacy Coalition, the Court fell down on that job. It issued a vague order doing little to rein in D.C....
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