5 ms·
If the executive decides to not enforce judicial orders since it feels like they are unfairly applied that is basically the total breakdown of the rule of law.
by nimish 2y ago
If the executive decides to not enforce judicial orders since it feels like they are unfairly applied that is basically the total breakdown of the rule of law.
That's what is likely to happen if the courts enjoin without discretion. It's what Jackson did to SCOTUS under Marshall.
Article III allows for congress to simply remove the ability for the lower courts to bind the executive at all. That'd be the biggest legal issue in centuries.