When Trump Uses Power, Courts Balk, When Biden Did, They Bowed

Suppose two presidents exercise the powers of the executive branch. One does so under an explicit statutory grant during a time of declared emergency. The other acts pursuant to administrative discretion in the face of record-breaking border incursions. Now suppose that federal judges enjoin both policies. What happens next? If the president is a Democrat, the Supreme Court stays the injunction. It instructs the lower courts to stay their hand, warning that questions of immigration policy lie chiefly with the political branches. It urges patience, careful deliberation, and above all, continuity of government operations while the matter is litigated. If...