The Trump administration is pushing courts to make more 'new law'

Federal courts tend to avoid tackling unprecedented questions that strike at the heart of the separation of powers — the large and small mysteries left by the framers (and amenders) of the Constitution.

Judges at every level are painfully aware that their decisions in cases of “first impression” risk unintended consequences that could destabilize the nation’s balance of power. So when those questions present themselves, they often find ways to resolve the cases without issuing far-reaching rulings, or making “new law.”

Then came Donald Trump.

Since January, Trump’s effort to concentrate unrivaled power in the executive branch has forced courts to wrestle — often on emergency timelines — with issues no court has ever addressed. But even that novel dynamic has been supercharged in recent days.In just the past month:

https://www.yahoo.com/news/articles/donald-trump-attempts-expand-presidential-205348343.html