Justice Breyer warns of the ‘greatest judicial power grab since Marbury v. Madison’

The Supreme Court’s conservative majority on Wednesday appeared likely to execute what Justice Stephen Breyer described as the “greatest judicial power grab” since its 1803 decision holding that federal courts have the power to declare laws unconstitutional.

Breyer’s warning referred to Kisor v. Wilkie, a case for which the court heard oral arguments last week. Chief Justice John Roberts suggested in some of his questions during that session that he ...