by Andrea Widburg
With one exception, the Supreme Court causes supreme problems when it oversteps its bounds, as it has done regularly since Trump’s election. It did this most recently when it held that, although President Obama illegally instituted his DACA program, President Trump must jump through a series of arbitrary administrative hoops to walk it back. Daniel Horowitz says that there is a way to end the Court’s unconstitutional power grab.
Going back as far as 1857, with one exception, the Court’s major public policy decisions have been constitutionally invalid and had disastrous outcomes. Dred Scott denied African-Americans citizenship, Plessy v. Ferguson enshrined segregation, Korematsu v. the United States erased the rights of Americans of Japanese descent, and Roe v. Wade created an imaginary constitutional right to abortion that created a 47-year-long schism in America that perverts every presidential election. Each time, the Court waded into areas that are the preserve of the states and Congress, making up rights as it went along.