Have you watched the PBS take on this ruling? You'll need to watch it up to time 9.42 to get the complete take.
For the record:
Brooks is a traditional (RE non-MAGA) Republican and Capehart is a left-leaning pundit, and associate editor of the Washington Post. But both agree on this point.
Watched it and, it might surprise you, am a big fan of Brooks, as one of the great minds of 21st century conservatism.
However, I feel like they skipped over the main point, and my main point, in that LEGISLATION is the way forward. Thereafter, we can have constitutional arguments, if necessary, and they help not only make our democratic republic stronger, but help create a stronger, more vibrant legal system.
We might not like the vagaries of the process, but it’s the process that has stood the test of time, albeit only 249 years!
There’s nothing new with venue shopping, but ironically it has become even more craven under Republicans, as they seek to CREATE ISSUES, just so they can get to the issue to “their” right wing SCOTUS and reshape the Republic in their own image! We have seen it time and again in recent years, not the least of which led to the overturn of Roe…something newly minted Supremes said was “settled law” during their questioning for nomination!! SCOTUS Justices as liars to get on the bench…this is where we are with this group…and that’s before Kennedy taking a dive, Thomas’s total corruption, Alito’s side hustles, or Scalia’s hunting trips, etc, etc, etc… Conversely, the worst accusation ever thrown at Breyer was his “beigeness” and RBG’s big fault was she outstayed her ability to be replaced by a Democratic President (kinda!!!) and turned the Court over to the Federalist Society’s far right candidates.
Again, Congress should create the laws, and SCOTUS should ensure they’re legal, based on the tenets of the Constitution, as the Executive Branch carries out the management of the country laws while respecting those laws. THAT is the system!
None of that precludes a President from setting an agenda, or using the bully pulpit to move the country towards wanting that agenda, but then it’s up to the PEOPLE’S REPRESENTATIVES to pass the laws that help put that agenda into practice…if they can!
My biggest (legal) problem right now is that Trump is trying to reset legal precedents with Executive Orders, because he’s in such a rush to radically change the country for the ideologues behind the scenes, and then daring Democrats to make SCOTUS decide the issue…with no laws being written by anyone to change anything!
We are on the precipice of Authoritarian Power, if we are not there already. In just the first 100 days of his second term, Trump signed 142 executive orders, surpassing historical records for that period, including Franklin D. Roosevelt’s 99 executive orders in his first 100 days, during which he changed the entire landscape of the U.S….for the better, but most people’s belief.
Trump is not only writing these EOs, but he is making them about hugely consequential issues, and in the absence of any Congressional action and a right wing stranglehold on power in this country, THE ONLY POSSIBLE CHECK ON THAT POWER is through Federal Judges.
While I agree that a single Federal Judge might not hold a view held by the vast majority of the country, neither might a President! Therefore, we have a process where power is checked, both for the Judiciary (one co-equal branch) and the Presidency (one co-equal branch). That means SCOTUS makes a decision…and if the people or the parties don’t like the SCOTUS decision, CONGRESS WRITES NEW LAWS!!!
For me, I think it is VITALLY IMPORTANT that we have given Federal Judges the ability to put a simple stay on an EO or legal challenge to a law. It is an integral step on the oath to ensure unchecked power does not exist versus the slight inconvenience that a proposed action be reviewed, upto and including SCOTUS, to ensure such unchecked power does not irreparably change the Republic.
I’ll take minor inconvenience over accepting a monarchical approach to the balance of powers…under Republican or Democratic Administrations…especially given the breakneck speed of change and literal “shock and awe” tactics being used to try to fundamentally change the underpinnings of American life.
P.S. Scott Galloway and David Brooks recently appeared together on Scott Galloway’s podcast, “The Prof G Pod,” in an episode titled “What Happened to American Conservatism?” released on May 1, 2025. In this episode, they discussed topics including the decline of true conservatism, failures of elite institutions, moral decay in American politics, and the crisis facing men and boys.
It is worth your time, if you haven’t seen/heard it.