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Looking Forward: Potential Consequences and Resolutions
The Supreme Court’s unprecedented warning to lower courts sets the stage for potential institutional confrontations that could reshape the federal judiciary and its relationship to other branches of government. If lower court resistance continues, the Supreme Court may need to take increasingly direct action to enforce its authority.
Potential remedies could include more frequent use of emergency appeals, direct sanctions against defiant judges, or legislative action to clarify judicial hierarchy and enforcement mechanisms. However, each of these approaches carries risks for judicial independence and the separation of powers that are fundamental to constitutional governance.
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