Really worth reading. The “internal contradictions” of USAian policymaking in this era are becoming crucial to policymaking and politics in immediately relevant cases now coming before USA courts.
Nothing like schizophrenia in policy to make things messy.
Saw this earlier today, and thought “well that depends on SCOTUS being consistent.” But with the ability to make words disappear (“a well regulated militia”) and the recent stoppage of flights (where two are unpersuaded by the clear language of “wartime” powers) and other things bent to their will (“abortion is settled law”)…
…this only works if they affirm this year what they did last year, and frankly I have little confidence in their wont to do so.
Well, the article is behind a paywall.
I will offer this: we live in the era of the “unitary executive”, which was previewed during the #43 regime, where Congress and courts are superfluous.
Steve