Trump v. Slaughter · ¶259

Will these transformations yield the benefits, sounding in responsiveness and accountability, that the majority touts? Or will they risk placing “in the hands of a bold and designing man, of high ambition, . . . an instrument of the worst oppression,” which will “sacrific[e] every principle of independence to the will of the [President]”? 3 Story §1533, at 390–392. Neither I, nor the majority, knows with certainty. That is exactly why the Constitution leaves decisions like this one, involving sensitive tradeoffs and difficult judgment calls, to those best positioned to make them, and then to be held accountable for doing so: the political branches.

slip opinion, revised 7/07/26
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