Separation of powers and judicial aggrandizement

Interesting piece in the Yale Journal of Regulation: Notice and Comment on Justice Sotomayor's  Jarkesy dissent accusing the majority of judicial aggrandizement. The idea is that the Court has aggrandized its power to become the arbiter determining the scope and separation of everyone else's powers, ignoring that the judiciary is an interested actor in the inter-branch dance and dialogue.

I make a similar point in Fed Courts about standing--separation of powers cannot serve as the "single basic idea" supporting standing doctrine, at least in statutory cases. When Congress authorizes a statutory cause of action for judicial resolution and the Court declares that invalid, the Court aggrandizes to itself the power to control the terms of the separation of powers debate. True, standing limits reflect the Court aggrandizing in the name of surrendering and minimizing its future power--judicial aggrandizement in the name of judicial limitation--whereas Loper and Jarkesy aggrandize in the name of adding to the power courts exercise in the future at the expense of the executive. Framed differently, however, judicially imposed standing limits aggrandize the judicial power to stop Congress from telling the courts what to do and when to do it.