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NYT: Legal scholars say the Supreme Court has been insisting it should have the last word

We can trace our knowledge of the Separation of Powers all the way back to “Schoolhouse Rock.” There are three co-equal branches of government, each with a different job to do. We can’t imagine Adam Liptak would have written this piece for the New York Times if it weren’t for the “rightward shift” of the court. SCOTUS also has been amassing vast power, and leftists have suggested the fix is for President Joe Biden to add a few seats so there are even more justices.

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The court does have vast power … it’s supposed to, being the highest court in the land and all. Liptak writes:

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.

But a burst of recent legal scholarship makes a deeper point, saying the current court is distinctive in a different way: It has rapidly been accumulating power at the expense of every other part of the government.

The phenomenon was documented last month by Mark A. Lemley, a law professor at Stanford, in an article called “The Imperial Supreme Court” in The Harvard Law Review.

“The court has not been favoring one branch of government over another, or favoring states over the federal government, or the rights of people over governments,” Professor Lemley wrote. “Rather, it is withdrawing power from all of them at once.”

The court has not been favoring states over the federal government. Dobbs, part of the “lurch to the right” (which is obviously a bad thing), returned the power to decide abortion laws to state legislatures.

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“Adam Liptak covers the Supreme Court” and “practiced law for 14 years before joining The Times in 2002.” We’re guessing he never took a case as far as the Supreme Court.

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An excellent point. If anyone’s “withdrawing power,” it’s the Executive branch.

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Again, no editor at the New York Times would have approved this piece without the element of the “rightward shift” to make that last word the wrong word.

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