Supreme Court is failing its most important job
In early November, a conservative Supreme Court justice showed a clear-eyed understanding of the threat that President Trump poses to the constitutional order. During an oral argument in a case involving tariffs that Mr. Trump unilaterally imposed by claiming emergency powers, Justice Neil Gorsuch suggested that the move could weaken Congress in an enduring way. “What president’s ever going to give that power back?” he asked. Justice Gorsuch’s realism in a case involving a signature policy of Mr. Trump’s second term raises the so far elusive prospect that the court may ...
