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Courts Must Be Able to Check Executive Overreach: Former Judges

July 7, 2025 | Andre Davis and Paul Michel | Bloomberg Law

The high court’s ruling in Trump v. CASA raises fundamental questions about how, and whether, federal courts can protect constitutional rights across the country at a time when the executive branch continues to challenge the judiciary.

This is why we joined Keep Our Republic’s Article III Coalition. As retired federal judges, we are no longer constrained by judicial limitations that rightly govern those still on the bench. That independence allows us to speak plainly: The courts must remain capable of checking executive overreach, and the public must understand that judges are not political actors but constitutional guardians. …