491–500 of 878 posts
A lot of our systems work because everyone at least half heartedly sort of goes by the rules. Yes, everyone sort of pretends to obey the rule and hence it works. In reality these systems are extremely fragile and a small committed minority can totally break years of precedent and systems. I think we are at that phase right now from the right side and soonish we will see the same from right left as well.
This had to happen. The state of affairs prior to this ruling is that any of 700 district judges could unilaterally block the president from exercising his authority under the constitution pending a review, including matters of national security, based on their own subjective politics. It broke the proper functioning of the government. This restores a proper functioning balance of powers.
Agreed. The system simply cannot work if any district judge anywhere can veto the president's policies. In theory it's just an injunction, but the reality is this kind of stuff takes forever to get hashed out in the courts, and Trump will be well out of office before it gets settled. I have no problem with SCOTUS injunctions, but there are too many district courts for this to work. The way things were heading the pre…
For the government to rule by executive order.
For the government to be able to change with the winds of Trump's opinion.
Neither of which is "functioning correctly" by my definition.
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I agree with you, but for a different reason, assuming I am even understanding what is happening here, I'm not American. My reading is that under the previous system, a single district could prevent an order federally, even if every other district judge agreed with the new order. I don't see why a single district should be able to influence the entire country. I would understand that they could limit powers in their…
>I don't see why a single district should be able to influence the entire country. Should a single person be able to pull a fire alarm? Or do we need building-wide consensus first?
A single person absolutely can and should pull the fire alarm!
Are you suggesting that an entire country should operate as a single building?
Different districts have different laws and by-laws, and a district judge SHOULD be able to take issue with any law being passed down from on high. But should one person be able to challenge and essentially negate the power of the President.
Remember, I'm trying to take how this would be viewed if it were not a Trump issue. It's really easy to say "oh it's Trump, so screw him!"
I'm just surprised that this is how the system works. A single judge can bring the entire system to a stand-still? Is that really how this works?
This isn't a single person pulling a fire alarm. The alarm has been pulled, it's a single person saying "turn that damn thing off, I don't agree with your fire".
Under normal circumstances, the president wouldn't be shooting the country in the foot, so I completely agree that in this instance, perhaps it is good that a district judge can do this. But if American politics starts getting played this way, I think you may see significantly more challenges in getting good laws passed. I am not saying this is a good law.
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>class action What you describe is voting We’re in this mess because people are not interested enough, educated enough, or engaged enough politically to make their position explicit to drive the direction of legislation and executive action. Citizens of The United States have every tool available to to work together to shape their communities. The reality is the overwhelming majority do not do that, and you can come…
There is also the damage done by the Supreme Court ending the Voting Rights Act, had the act been in place in 2024, Kamalah would have won by a landslide. Millions of minority voters were targeted for disenfranchisement in 2024.
[0] https://www.as-coa.org/articles/how-latinos-voted-2024-us-pr... [1] https://www.voanews.com/a/in-historic-shift-american-muslim-... [2] https://www.npr.org/2025/03/03/nx-s1-5249686/arab-muslim-vot... [3] https://thewash.org/2024/11/07/arab-american-voters-shift-to...
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If you are born and live in the US, how could you possibly not be "subject to the jurisdiction" of the United States? Likewise, if you are born in the US to tourist parents who then leave the United States with you , how exactly are you supposed to "collect benefits"? And even if you are "collecting benefits", to be a citizen you'd have to also be paying your taxes, which should entitle you to said benefits. Where ex…
> And even if you are "collecting benefits", to be a citizen you'd have to also be paying your taxes, which should entitle you to said benefits. According to the SF Chronicle, about 72 million US households (40% of the population) paid no federal income tax in 2022. I don't have exact numbers but I doubt anyone would dispute that public benefits flow disproportionately to those 72 million households for obvious reaso…
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>I don't see why a single district should be able to influence the entire country. Should a single person be able to pull a fire alarm? Or do we need building-wide consensus first?
Should a single person be able to block access to the fire hydrant or do we need consensus?
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only under the assumption that the governments job is to contravene the law of the land - which up until pretty recently no one believed including the government
You're proceeding with the assumption the government would lose in court, which is not the case in the vast majority of these injunctions.
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trump estimation so far: 81-103 biden estimation: 14-28 You are incorrect.
>trump estimation so far: 81-103 biden estimation: 14-28 >You are incorrect. You are clearly partisan. The GP says nothing about the number, but is instead the impact. You should also consider normalizing the number of injunctions to the number of executive orders per term.
That paints an even more stark picture for the Trump administration.
The majority seems too trusting that the government will appeal its losses. Strategically, the government could enact a policy affecting a million people, be sued, lose, provide relief to the named plaintiffs, and then not appeal the decision. The upper courts never get the opportunity to make binding precedent, the lower courts do not get to extend relief to non-plaintiffs, and the government gets to enforce its ill…
IANAL but isn't any ruling by even a lower court precedent? Like if I sue the government for thing A and a lower court rules in my favor, doesn't that make the next plaintiff's case for sueing the government for thing A much easier? All it seems to do is make everything much less efficient.
So here's how the loophole works. There are 12 courts of appeals. You (ICE) does a bad thing. (renditions a US citizen to an El Salvador concentration camp without due process) You get sued, appeal it to that court of appeals. Let's say it's the 9th Circuit Court of Appeals, let's say you lose. You take the L and move on. You never do the bad thing in the 9th circuit again: that decision is binding. Then you do it again in a different circuit. Let's say you do the bad thing in Texas, where the 9th circuit decision was not binding. Let's say you win this time. Now the 5th circuit is your playground.
From now on, every time you arrest someone in the 9th circuit, you put them on an express flight to anywhere in the 5th district within an hour or so of arresting them, before they can get a lawyer to talk to a judge. The precedent that matters is the 5th circuit precedent, where the detainee is right now, not the 9th district (or anywhere else) where they were detained.
Because the Supreme Court has now ruled that this is a lower court problem, they've effectively blocked anyone from ever getting justice ever again.
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So for example, seeking reproductive rights in one state which is forbidden in another? Forgive a possibly silly question but in what sense does being "in" Florida mean you are bound by Florida state law when you leave? How long did you need to be in Florida before you became bound by its law? What if you fall pregnant after you left? Can you be in breach without ever having been in Florida, and a LEO can therefore t…
No, not quite. State laws only apply in that state. They are not technically allowed (but sometimes try) to enforce laws on actions outside of that state. So, in this case, you could not be charged with having an abortion outside of Florida, from inside of Florida, based on Florida law. But let's look at the birthright case that this ruling comes from. Let's say Nevada state sues the federal government. The ruling is…
Britain its mostly UK Law, with bits of "no, thats English law, this is Scotland" on top. I emigrated so long ago the national appeals structure has changed and I don't entirely understand when it applies and overrides. But immigration is clearly nation-wide.
I think "birthright" citizenship is pretty alien to most legal regimes. Ireland might be the one people think about in the Europe/Britain context. Used to be a lot of pregnant women flying in late stage. But, thats not to call it wrong or decry what the appeals in the US were trying to do. It was amended into the constitution a very long time ago, and until recently what the current WH is trying to do was seen as "fringe law" but now seems core.