(John Daniel Davidson – The Federalist) The Supreme Court’s shocking decision on Wednesday to allow a D.C. district court judge to order the Trump administration to disburse $2 billion in federal grant money is a major blow to the separation of powers undergirding our constitutional system of government.
But the thing about separation of powers is that they stand or fall together. All three branches of our government — legislative, executive, and judicial — have to respect the Constitution’s clear separation of powers. If one of them doesn’t, there’s no reason that the others should.
Put another way, if the Supreme Court can simply disregard the Executive branch’s constitutional authority and allow it to be usurped by an inferior federal court, which is what happened, then there’s no reason the Executive branch under Trump should pay any attention to what the Supreme Court says in this case, because it’s trying to assert an authority it simply doesn’t have.
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