By its own maneuvering, the modern Supreme Court has made itself the most powerful branch of government. Superior to Congress. Superior to the president. Superior to the states. Superior to precedent, procedure, and norms. In effect, superior to the people. Most talked about in this regard, of course, is the Court's ending of long-established reproductive rights in Dobbs v. Jackson Women's Health Organization . But the assertion of extreme power extends well beyond the issue of abortion. For example, in a case called TransUnion LLC v. Ramirez , the conservative majority in 2021 narrowed Congress's Article I power to give consumers the right to sue over data deliberately mishandled by credit-reporting agencies, reasoning that the legislature can only recognize theories of harm analogous to ones that existed as a matter of "American history and tradition." And this year, the Court is considering a handful of lawsuits by states challenging the exercise of discretion by the executive branch on the theory that federal policy affects state budgets, which could effectively enable states—and thus the Court—to function as the ultimate overseers of federal policy. One of those, Haaland v. Brackeen , is poised to possibly upend roughly two centuries of Supreme Court… Read full this story
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