In a bylined article published on Salon, LPHS partner David Coale examines how for more than 200 years the concept of judicial review has ensured that no politicians or agency administrators can place themselves above the law. With members of the Trump Administration questioning if this judicial authority can be ignored, the article proposes the judicial branch could respond by treating the executive branch as a “vexatious litigant” and refuse to hear broad categories of cases where the United States is a party until the executive branch obeys court orders.

“A refusal to entertain some — or most — cases from an Administration that disrespects judicial authority would be a drastic but forceful step—and far more effective than imposing fines that will likely not be paid,” David writes.