Jarksey continues a trend by the Chief Justice: the transfer of power from the executive and legislative branches to the judiciary. From Stern v. Marshall to Loper Bright, Chief Justice Roberts rejects effort to deprive the federal courts of its powers to decide cases. Justice Sotomayor makes this point in her dissent:
Beyond the majority's legal errors, its ruling reveals a far more fundamental problem: This Court's repeated failure to appreciate that its decisions can threaten the separation of powers. Here, that threat comes from the Court's mistaken conclusion that Congress cannot assign a certain public-rights matter for initial adjudication to the Executive because it must come only to the Judiciary.
Indeed, Sotomayor pokes Roberts's much-vaunted "umpire" analogy:
