Jonathan Adler on the Roberts Court in The Dispatch

Jonathan H. Adler, a charter member of the Society for the Rule of Law, authored the lead essay in The Dispatch’s Debate Series on the role of the Supreme Court. Adler contends that while presidents may press the limits of their authority, it is vital that the judiciary resist responding with overreach of its own.

“The answer to a president seeking to assert his authority beyond legal or constitutional bounds is not for the judiciary to respond in kind. One deviation from separation of powers principles does not justify the other.”

Adler underscores that the Roberts Court has largely exercised restraint, and that Congress—not the courts—must take up its constitutional responsibility to check executive power.

Read the full debate here.