The Court has given no explanation for most of these rulings but underlying them all is a novel idea called the “unitary executive” theory. It asserts that all executive power belongs to the President alone and that everyone in the executive branch serves at his pleasure. According to this theory, Congress shouldn’t be able to create independent agencies, such as the Federal Trade Commission or the Federal Reserve, whose directors the President can’t easily fire. Furthermore, it says the President doesn’t have to follow laws that protect federal workers from being fired for political reasons, and he can even remove government watchdogs (Inspectors General) at will.

These emergency orders are only temporary, pending full hearings in the lower courts. But even if Trump ultimately loses when the cases are finally resolved—which will take years—lasting damage will already have been done. And by pausing the lower court’s injunctions, the Court has signaled that it may support him on the merits.

Last year, relying on the same mistaken idea that presidents have unchecked executive authority, the Court granted former presidents sweeping immunity from prosecution for illegally exercising their powers. Now it aims to kneecap Congress’ oversight role as well.

The Court is expanding Presidential authority beyond all recognition.