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Government,
U.S. Supreme Court

Sep. 17, 2019

US Supreme Court appears eager to approve Trump policies

Twice in the last two months, the court took the unusual step of staying district court orders that enjoined Trump policies that were clearly against the law.

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

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The U.S. Supreme Court appears to have become a rubber stamp to approve deeply disturbing, almost certainly illegal policies of the Trump administration. Twice in the last two months, the court took the unusual step of staying district court orders that enjoined Trump policies that were clearly against the law. The court did so even though such stays pending appeal should be rare. As Justice Sonia Sotomayor lamented: "[G]ranting a stay pending appeal should be an 'ext...

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