The Curbing of the Administrative State
2nd July 2025
The Supreme Court delivered an opinion last week that not even the best of the punditry class was prepared to understand. The decision was Trump vs. CASA, and the topic concerned the nationwide injunction against Trump’s management of U.S. immigration policy. As with more than 40 other cases, federal district judges have intervened to stop the president from exercising executive powers.
The opinion could not be plainer: “Universal injunctions likely exceed the equitable authority that Congress has given to federal courts.” That principle applies not only to this case but to the whole panoply of cases that have tethered the ability of the president to manage executive branch operations. The courts have presumed authority over the president that the Constitution plainly does not grant.
Justice Amy Coney Barrett said the following of the unjoined dissent by Justice Ketanji Brown Jackson: “[It] is at odds with more than two centuries’ worth of precedent, not to mention the Constitution itself. We observe only this: Justice Jackson decries an Imperial Executive while embracing an imperial Judiciary.”