An 'imperial Supreme Court' asserts its power, alarming scholars.
WASHINGTON — The conventional critique of the Supreme Court these days is that it has lurched to the right and is out of step with the public on many issues. That is true so far as it goes.
He added, “It is a court that is consolidating its power, systematically undercutting any branch of government, federal or state, that might threaten that power, while at the same time undercutting individual rights.” In a similar vein, Justice Elena Kagan noted the majority’s imperial impulses in a dissent from a decision in June that limited the Environmental Protection Agency’s ability to address climate change.
The study’s authors, Rebecca L. Brown and Lee Epstein, both of the University of Southern California, wrote that “there is little indication that the Roberts court’s willingness to rule against the president bears any reliable relation to preserving the balance among the branches or the workings and accountability of the democratic process.”
Before 2019, the court had not used the procedure for 15 years, according to statistics compiled by Stephen Vladeck, a law professor at the University of Texas at Austin. Since then, he found, the court has used it 19 times.
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