The political right is aboil over the latest judicial interference with President Trump’s efforts temporarily to restrict immigration from dangerous and unstable Muslim territories. The question is framed in terms of a heated battle for sovereignty in America, with the sense that the judiciary — which is to say, individual judges, with nothing to check their power, and keep them from going “rogue” — now seems to have the upper hand, in ways that the Framers never would have condoned, or even imagined possible
There is good reason to be concerned — although in this instance the law, especially the history of related case law, is far more complex than you might realize. Writing at Lawfare, Josh Blackman has offered a detailed analysis of these legal arcana, in three parts.
The posts are technical, long and detailed — but as we all know, the details are where the Devil is.