Cass Sunstein

The law review article, let's call it, or the op-ed, the op-ed would say that the

in establishing such broad immunity from the president.

The more inflammatory way to say it, which I subscribe to, is the court made it up.

And this was not a good moment for Chief Justice Roberts, whom I generally admire.

First and foremost is that the separation of powers includes six ideas, and each of them is something to honor and celebrate, not one idea.

The second idea is that the most important of the six separation of powers in the modern era denies the executive the power to make the law.

And the second of the two we celebrate most denies the executive the power to interpret the law.

The courts have the power to interpret the law.

And whether you like donkeys or elephants or Biden or Trump, those things deserve the firmest imaginable endorsement.

The third takeaway is the idea of a unitary executive, whether you like it or don't like it, means only that the executive is in control of the executive branch.

It doesn't mean that the executive is in control of the government's apparatus.

Even the President of the United States generally requires legislative authorization to do anything at all.

Thanks, Lynn.

Good to see you.