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Index/Topics/Judicial Review of Presidential Inability

Judicial Review of Presidential Inability

The potential for courts to review the determination of a President's inability to discharge their duties, and the implications for the separation of powers.

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Jan 26, 2026

How would courts likely rule if a President sued to block a Section 4 invocation of the 25th Amendment?

If a President sued to block a of the , courts would face uncharted territory and are likely to proceed cautiously: has not definitively interpreted the Amendment and lower courts have little preceden...