President Donald Trump greets Justices Neil Gorsuch and Brett Kavanaugh ahead of the State of the Union address during his first term in office. | Mario Tama/Getty Images
As recently as one year ago, the Supreme Court’s Republican majority was determined to reduce executive power.
Joe Biden, a Democrat, was in the White House, and the Republican justices were very concerned that the executive branch was claiming “highly consequential power beyond what Congress could reasonably be understood to have granted.” To keep the executive in check, the Republican justices invented a legal doct...
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