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Sunday, June 29, 2025
Goldsmith on judicial (or at least SCOTUS) supremacy in CASA
Jack Goldsmith discusses FN 18 of the CASA majority, in which the Court says (on the SG's representation and for the first time) that SCOTUS opinions--their interpretations of the Constitution and constitutional meaning--bind the other branches.
Goldsmith describes this as a potential Marbury moment:
[T]he Court under the guise of judicial weakness proclaims a power that enhances its authority over the ages. The Court acted from a position of relative institutional weakness not unlike what the Marshall Court faced—a hostile executive branch implicitly threatening judicial defiance. And it played its weak hand shrewdly. It ruled in a way that it was previously inclined to rule on universal injunctions, while leaving open many other avenues to lower-court universal relief. And in exchange it extracted a first-ever executive branch pledge of fealty to Supreme Court “judgments and opinions,” which will appear in the forever-citable pages of the U.S. Reports.
Posted by Howard Wasserman on June 29, 2025 at 01:13 PM in Howard Wasserman, Judicial Process | Permalink
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