Trump v. Cook · ¶195

I agree with JUSTICE ALITO that the Court should have limited itself to the issues supporting the District Court’s injunction. Ante, at 4–5 (dissenting opinion). Addressing these errors would have permitted the litigation to proceed, and the lower courts could have taken first cut at the many other difficult and novel legal issues. Had the Court declined to go further, it may never have needed to reach those other issues anyway. For instance, if the President ultimately satisfied the Federal Reserve Act, 12 U. S. C. §242, the Court may never have needed to address whether Cook could assert an ultra vires claim.

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