Supreme Court majority must show its work in rulings [View all]
By Noah Feldman / Bloomberg Opinion
In an unsigned order with no explanation, the Supreme Court’s conservative majority blocked the lower court orders that had stopped Donald Trump from shuttering the Department of Education.
The decision seems legally wrong to me, given that Congress created the department and only Congress should have the legal power to shut it down. But how can I even make a fair-minded argument to that effect, when the majority — unlike the three liberal dissenters — didn’t deign to provide even one word of explanation for its reasoning?
Judicial decision-making without reasons fundamentally undermines the rule of law.
A Supreme Court that issues consequential rulings without giving reasons is on the dangerous path of appearing to act arbitrarily, which is seriously damaging to the legitimacy of the institution itself.
https://www.heraldnet.com/opinion/comment-supreme-court-majority-must-show-its-work-in-rulings/
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