Carol Platt Liebau: Serious About Separation of Powers

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There’s encouraging news from the Supreme Court. Last week, it vacated a temporary restraining order entered by a district court judge in Massachusetts. The order had required the Department of Education to continue paying grants cancelled by the Trump administration.

The Supreme Court sided with the Trump administration on a 5-4 vote. Notably, Chief Justice Roberts joined the Court’s liberals.

Even so, this result is good news. It signals the Supreme Court is likely to be mindful of taxpayers when DOGE cases come before it. If the Supreme Court allowed judges to second guess spending and staffing decisions the executive branch makes for federal agencies, then unelected and unaccountable federal judges — not the president — would become the effective rulers of our government’s executive branch.

This case shows the Supreme Court is serious about safeguarding the Constitution’s separation of powers.

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