Justice Alito Dissents: "Both the Executive and the Judiciary have an obligation to follow the law."

Saturday evening, I published three posts on A.A.R.P. v. Trump. Around midnight eastern time, Justice Alito issued his dissent, which was joined only by Justice Thomas. The dissent begins: "Shortly after midnight yesterday, the Court hastily and prematurely granted unprecedented emergency relief." He is correct. Justice Alito lists seven bullets which demonstrates why this order was problematic. The first bullet argues that it is unclear the Court had jurisdiction: It is not clear that the Court had jurisdiction. The All Writs Act does not provide an independent grant of jurisdiction. See 28 U. S. C. §1651(a) (permitting writs "necessary or...