How Will Courts React to Biden’s Increasingly Imperial Presidency?

President Joe Biden delivers remarks on the response to Hurricane Ida from the White House in Washington, D.C., September 2, 2021. (Jonathan Ernst/Reuters)
Biden will need to convince the country, and thus the Court, that we are still in a real crisis.


he history of the United States, insofar as concerns the vitality of civil rights in times of crisis, can be summed up succinctly. While a crisis ensues, when there is a real perception of threat to our security, the courts give the executive a wide berth.

They don’t exactly turn a blind eye. It’s more like slow-walking. Cases claiming infringement of fundamental liberties may be rushed into the justice system during a crisis, but courts will proceed cautiously.

Sometimes they’ll wait to issue rulings until the security threat has passed. In the heat of the Civil War, for example, when President Abraham …

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