Unless We Heed Clarence Thomas’ Warning, SCOTUS ‘Travel Ban’ Victory is Hollow

Written by Daniel Horowitz

Our political system regards the U.S. Supreme Court as superior to the other two branches of government. Why then doesn’t the high court wield its supremacy over its own branch and rein in the lawlessness of the lower courts? Shouldn’t it uproot a growing power grab by the lower courts that are issuing nationwide injunctions over broad policies? Justice Clarence Thomas seems to think so.

In Thomas’ concurrence in the “travel ban” case, he spends just one paragraph dealing with the merits of the case.… Continue Reading