Summary
- The new essay in Civitas Outlook, titled "The Temptation of the Inferior 'Imperial Judiciary'," critiques the current state of judicial power dynamics in the U.S.
- It argues that lower court judges are increasingly resisting both presidential authority and Supreme Court rulings, echoing concerns raised during President Trump's first term.
- Judge Kenneth K. Lee warns against this trend, suggesting it could lead to an "imperial judiciary" that undermines the separation of powers.
- The implications of this shift could threaten the foundational structure of government, as highlighted by historical references to judicial overreach in cases like Trump v. CASA and Planned Parenthood v. Casey.
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