The Court’s Ballroom Decision Is a Sign of Deeper Problems
The conservative justices have separation of powers exactly backwards.
TL;DR
- The Supreme Court's decision on the White House ballroom project misinterprets the separation of powers by allowing the president to proceed without congressional authorization.
- The ruling reflects a broader trend of the Court embracing the unitary-executive theory, which expands executive power at the expense of Congress's authority.
- The Court's application of the standing doctrine in this and other cases has made it difficult to enforce federal statutes, effectively rendering them unenforceable.
- The Court's analysis of irreparable harm for the president in this case suggests that limits on executive power may become unenforceable if their enforcement injures the president.