How Should the Court Respond to the Combination of Political Polarity, Legislative Impotence, and Executive Branch Overreach?

December 1, 2022

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The Supreme Court must address two unprecedented problems—the flood of nationwide preliminary injunctions issued by district courts and the extraordinary increase in the number of major actions that the Court takes on its emergency docket without briefing and without issuing an opinion that adequately explains the action. Neither of these closely related problems has its origin in the Judicial Branch. The roots of both lie primarily in the effects that the nation’s extreme political polarity is having on the Legislative and Executive Branches.