Commentator and law professor Austin Sarat is nervous. He says federal judges’ rulings to block president trump’s executive order on immigration were stirring victories for the rule of law. But he says no one should be resting on their laurels.
The Ninth Circuit Court of Appeals held that the federal judiciary retains the authority to challenge executive action. Its decision echoes one made by the Supreme Court more than 40 years ago, when it ordered President Richard Nixon to turn over evidence in the Watergate case.