The Supreme Court Is Undermining Its Legitimacy: Noah Feldman

July 15, 2025, 3:22 PM UTC

In an unsigned order with no explanation, the Supreme Court’s conservative majority blocked the lower court orders that had stopped Donald Trump from shuttering the Department of Education.

The decision seems legally wrong to me, given that Congress created the department and only Congress should have the legal power to shut it down. But how can I even make a fair-minded argument to that effect, when the majority — unlike the three liberal dissenters — didn’t deign to provide even one word of explanation for its reasoning?

Judicial decision-making without reasons fundamentally undermines the rule of law.

A Supreme Court ...

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