I think this is right for most presidents, but one wonders if Trump is most likely to provoke a confrontation with the court when he's riding high or when things aren't going as well. His first term felt most dangerous at the very end!
Another factor is that the national conversation in general and this administration in particular move at a rapid pace from issue to issue. You get wall to wall coverage of, say, Abrego Garcia for a while, then people move on and talk about completely different things. So in addition to the dynamics of presidential power, delaying review also means that when an eventual merits ruling comes down, the temperature of a particular issue is likely much lower than when an injunction is being contested.
I want to thank Dan for his very reasoned and realistic analyses, podcast comments and writing. A lot of what I read and listen to is pretty biased to one side (the world is ending because of this decision or that oral argument) or the other (the Court is great, just innocently calling balls and strikes and doing a wonderful, unbiased job). The balance Dan finds is much appreciated.
I think this is right for most presidents, but one wonders if Trump is most likely to provoke a confrontation with the court when he's riding high or when things aren't going as well. His first term felt most dangerous at the very end!
Another factor is that the national conversation in general and this administration in particular move at a rapid pace from issue to issue. You get wall to wall coverage of, say, Abrego Garcia for a while, then people move on and talk about completely different things. So in addition to the dynamics of presidential power, delaying review also means that when an eventual merits ruling comes down, the temperature of a particular issue is likely much lower than when an injunction is being contested.
I want to thank Dan for his very reasoned and realistic analyses, podcast comments and writing. A lot of what I read and listen to is pretty biased to one side (the world is ending because of this decision or that oral argument) or the other (the Court is great, just innocently calling balls and strikes and doing a wonderful, unbiased job). The balance Dan finds is much appreciated.