In recent years, the Supreme Court of the United States (SCOTUS) has been a battleground for important legal issues that have far-reaching implications for the American people. From birthright citizenship to reproductive rights, the court has been dismantling the legal limits on executive power, leaving many concerned about the future of our democracy. In this article, we will take a closer look at the issue of executive lawlessness and how it has been enabled by the Supreme Court, with insights from legal expert Leah Litman.
Executive lawlessness refers to the abuse of power by the executive branch of the government, particularly the President. This can take many forms, such as disregarding laws and constitutional norms, and using executive orders to bypass the legislative process. In recent years, we have seen a rise in executive lawlessness, with President Donald Trump at the helm. And unfortunately, the Supreme Court has been complicit in enabling this behavior.
One of the most controversial cases in recent years was the Trump administration’s attempt to end the Deferred Action for Childhood Arrivals (DACA) program, which protects young immigrants who were brought to the US as children from deportation. The program was established by President Obama in 2012 and has provided relief to hundreds of thousands of young people. However, in 2017, the Trump administration announced its plan to end the program, which was met with fierce opposition and legal challenges.
In June 2020, the Supreme Court ruled against the Trump administration, stating that their attempt to end the program was “arbitrary and capricious” and violated the Administrative Procedure Act. This was a major victory for DACA recipients and immigrant rights activists, but it also highlighted the court’s role in enabling executive lawlessness. As Litman points out, the court’s decision was not based on the merits of DACA itself, but rather on the administration’s failure to follow proper procedures.
Litman, a professor at the University of Michigan Law School, has been a vocal critic of the court’s approach to executive power. In an interview with The Intercept, she stated, “The court has been extremely deferential to the Trump administration, and it’s been deferential in ways that are really quite striking and quite extraordinary.” This deference to the executive branch has allowed the administration to push its agenda, even when it goes against established laws and norms.
Another area where the Supreme Court has enabled executive lawlessness is reproductive rights. In recent years, there has been a concerted effort by conservative lawmakers to restrict access to abortion and other reproductive health services. These efforts have been met with legal challenges, and many of these cases have made their way to the Supreme Court.
In June 2020, the court delivered a major blow to reproductive rights by upholding a Louisiana law that would have severely limited access to abortion. This decision, which was decided by a 5-4 conservative majority, disregarded precedent set by a similar case just four years earlier. As Litman points out, this decision was a clear example of the court’s willingness to overlook established legal principles and enable executive overreach.
The Supreme Court’s role in enabling executive lawlessness is not limited to these two cases. In fact, the court has a long history of deferring to the executive branch, particularly in times of crisis. This deference has only increased in recent years, with the court’s conservative majority bolstering the power of the executive branch.
So, what can be done to address this issue? Litman suggests that the court needs to take a more active role in checking executive power. She argues that the court should not simply defer to the executive branch, but rather actively scrutinize their actions and hold them accountable when they overstep their bounds.
In addition, Litman believes that Congress needs to step up and assert its own powers as a co-equal branch of government. This includes conducting thorough oversight and holding the executive branch accountable for their actions. She also emphasizes the importance of the American people staying informed and engaged, and using their voices and votes to demand accountability from their elected officials.
In conclusion, the Supreme Court’s role in enabling executive lawlessness is a concerning trend that threatens the foundations of our democracy. As Litman states, “We have a court that is not taking its responsibility seriously to check the executive branch, and that is a big problem.” It is up to all of us to hold our government accountable and demand that the rule of law is upheld. We must ensure that the checks
