Lower courts don’t have authority to usurp the executive branch through restraining orders and injunctions, no matter what the SCOTUS says.
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The Supreme Court’s shocking decision on Wednesday to allow a D.C. district court judge to order the Trump administration to disburse $2 billion in federal grant money is a major blow to the separation of powers undergirding our constitutional system of government.
But the thing about separation of powers is that they stand or fall together. All three branches of our government — legislative, executive, and judicial — have to respect the Constitution’s clear separation of powers. If one of them doesn’t, there’s no reason that the others should.
