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US Supreme Court limits federal judges' power to block Trump orders

theguardian.com

501–510 of 878 posts

Re: US Supreme Court limits federal judges' power to block Trump orders

#501

Earlier quoted context omitted.

> Your entire understanding of the SC here, under trump, has been completely distorted by emotionally-disregulating media narratives designed for those purposes. Ah yes, the classic misogynist attack: I can't possibly understand the law because I'm too emotional . If only I were logical like you. > Today's result also does not prevent state-wide injunctions, indeed, that's what they court has basically suggested. Yes…

> misogynist ? I'm entirely unaware of your sex. I imagine many of the hysterical people in this thread are men. > That's not how the Constitution is supposed to work. Correct, the SC is supposed to resolve that. And in this judgement, they affirm that they will. > What's the point of the changing the statute If the SC wanted to make bribery constitutionally permissible, they would not have made the ruling statutory.…

> ? I'm entirely unaware of your sex. I imagine many of the hysterical people in this thread are men.

How is that relevant? The fantasy that any opinion that differs from yours is based in emotional interests, whereas your opinion is objective and logical is the root of many misogynistic attacks.

> Correct, the SC is supposed to resolve that. And in this judgement, they affirm that they will.

Your argument is tautological. You're saying "SCOTUS's job is to interpret the Constitution, and there is no appeal to their decision, therefore their interpretetation must be correct." Your position makes it impossible to ever find that SCOTUS is incorrect. So what's the point of your argument?

> If the SC wanted to make bribery constitutionally permissible, they would not have made the ruling statutory. By making a ruling on statutory interpretation they are explicitly inviting congress to over-turn their ruling by amending the law. That's deliberate.

What's deliberate is they opened the door to official corruption, despite the obvious intent of Congress to make that activity illegal. When their judgement goes against the plain language and intent of the written law, SCOTUS is wrong. Now, those wishing to commit official corruption have a clear, SCOTUS-approved blueprint of how to do it. They have, with their decision, ensured that only the most inept cases of official corruption can be prosecuted. And they know full well that Congress, in its current state of disfunction, will not ammend the law.

> No, this is illegal and prosecutable. A "political enemy" of the person of the president (eg., trump) is a private action. You can read the decision, it has nothing to do with allowing the person-who-happens-to-be-president to do whatever they want. A very wide class of criminal actions of this person are still criminal, this is explicitly there in the judgement.

You have clearly not read the decision. Any official act using powers vested in the presidency gets presumptive immunity. Conferring with the AG is an official act. All the president has to do is claim a good-faith attempt to enforce the law, and the act cannot be used as evidence in any prosecution against him.

> They even clearly imply many of the things trump has done are prosecutable, and iirc, this is raised in oral arguments.

I don't believe they did. Please provide a citation from the decision.

> I don't know where you're getting your information, but it has little to do with these SC judgments or their reasoning. The constitutional powers afforded to the president (, congress, courts) are the very foundation of the constitution. All "immunity" here means is that insofar as these powers are concerned, obviously, they can only be changed via a constitutional amendment.

This is completely irrelevant. No one is talking about changing the powers, only requiring that they be used lawfully. The president takes an oath to carry out the law; your position, and that of SCOTUS, seems to be that that oath has no meaning.

> The actions of the president, to form the executive, constitute his presidental power. Just as, eg., writing a court opinion is the power of a judge. A judge cannot "make illegal" constitutional actions of the president, just as the president cannot arrest a judge for a judgement.

Again, a tautalogical argument: if his act is Constitutional, then it can't be illegal. That's missing the point. The president can have the Constituional power to command the army, while still not having the legal power to command the army to murder Joe Biden. Do you honestly not see the difference between a means granted by the Constitution and an illegal use of that power? Well, if you don't, you belong on the SCOTUS.

> Presidental immunity in this case has nothing to do with immunity of the person of the president from criminal action taken to further his private interests, that is explicitly illegal in the ruling

This interpretation is not to be found in the ruling.

Based on your responses, I'd say that you are the one letting your emotions get the best of you. You're clearly in the bag for Trump and are willing to distort reality in order to justify your preconceived position.

Re: US Supreme Court limits federal judges' power to block Trump orders

#502

Earlier quoted context omitted.

How is it that the country appears to have been functioning pretty well for quite some time, until now? What has changed?

The post-WW2 bureaucratic state became so massive that it was first possible, then desirable, to weaponize it against your opponents. This is why we should have small government. If the government has a narrowly scoped role, the fear of the other side getting elected goes away. With huge government comes great concern about who’s in it. As proof of that principle, how many people are really fired up about who is elec…

Define small government.

My list starts with:

-fund basic research in science and engineering -fund nascent beneficial commercial efforts where private interests fear to tread - supply infrastructure and services that are useful to most but are natural monopolies are network effects monopolies. (i.e. roads, rail,air, healthcare, research labs, weather services to name a few) - punishing cheating. i.e. fraud, externalities such as pollution, shifting costs onto the public to enhance profitability, and all forms of financial engineering. - protection against catastrophic loss - protection of vulnerable people - limiting corporations and individuals from gaining society distorting power.

Re: US Supreme Court limits federal judges' power to block Trump orders

#503

By accepting the frame that it is federal judges and not the law that is blocking trump, it means that we are analyzing based on a frame of Trump vs Judges rather than Trump vs Law . If you accept that framing, you accept many of that frames implications without even consciously processing them. This is one of the ways that consent is manufactured. This ruling is stating that federal judges cannot rule that the law i…

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Re: US Supreme Court limits federal judges' power to block Trump orders

#504

This is functionally equivalent to the Enabling Act of 1933. [0] [0] - https://en.m.wikipedia.org/wiki/Enabling_Act_of_1933

Can you outline the argument as to how? It seems quite different according to the article. The courts still assert supremacy when it comes to interpreting and vetting the law, and Trump isn't allowed to overrule the legislature's lawmaking powers.

Re: US Supreme Court limits federal judges' power to block Trump orders

#505

Earlier quoted context omitted.

There's clearly a profound level of emotional disregulation in this thread. Half of the replies are flagged, and votes are going wild both ways. None of this is grounded in the details of the ruling. It's a symptom of how the dissent has been presented in the media. I cannot see on what basis my comment is wrong.

> I cannot see on what basis my comment is wrong. Paul Graham made a useful chart for judging whether or not your rhetoric is actually aimed downrange: https://en.wikipedia.org/wiki/Paul_Graham_(programmer)#/medi... You could have started with a refutation of the point if you wanted to impress us. Instead we're 40 comments deep in a flagged comment chain because you wanted to put your ad-hominem foot forward. When yo…

I arrived to a thread in chaos. I don't take it to have been my foot forward.

Perhaps I could've better phrased it, "Given the emotional disregulation caused by the dissents, go read K's concurrence" -- however this is what I meant to say, still mean to say, and said.

I don't take the only legitimate aim of a comment to be "arguments" in this sense. One can comment on the psychology of the environment one finds oneself in without this being ad hom.

Re: US Supreme Court limits federal judges' power to block Trump orders

#506
post #219

Earlier quoted context omitted.

Your news sources have woefully misinformed you. Trump's argument is that it's not enough to be born here, you have to also be a charge of the country: "Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." Note the "and subject to the jurisdiction thereof". Trump's argument is that people born…

> tourist parents here for a few weeks (for example) aren't subject to the jurisdiction of America. It's a valid argument to make, even if you come down on a different side This ‘jurisdiction’ claim essentially only applied to people who had a diplomatic status while in the US. A traveler from Canada has no special right against being prosecuted (just like you would not were you to go to, say Britain). A governmental…

IANAL but this argument doesn't seem to be on firm footing due to the extradition laws on the books. Technically I can violate a UK law while in the US and indeed be subject to their jurisdiction.

Re: US Supreme Court limits federal judges' power to block Trump orders

#507
post #6
post #2

There's no legal reasoning. If there's a D president again, this gets reversed early on. Nationwide injunctions were saught and used by (self-proclaimed) conservatives to slow down and stop Biden immigration policies.

You need to actually read the decision. There's plenty of legal reasoning. You may not agree with it, but your opinion is irrelevant. One thing they didn't talk about was structural: the court system is split up into X circuits, and each circuit is independent. Normally each circuit uses rulings from other circuits as a basis for its judgements, but circuits are pretty independent from each other. The Supremes weigh…

If the law is universal then it makes sense that courts can rule universally. If the law is arbitrary and every judge is basically a ruler of their own domain, which directly conflicts with the idea of Rule of Law, then it would be invalid for a lower court to make universal rulings.

It is precisely the universality and supremacy of the law which gives the lower courts the authority to make universal rulings. Just because something is federally illegal in one federal district doesn't mean it is legal in another.

The lower court doesn't have more authority than the appellate court if the appellate court can overturn the lower court.

No court has the "authority" to make arbitrary unlawful rulings.

Re: US Supreme Court limits federal judges' power to block Trump orders

#508

Earlier quoted context omitted.

> Whether you were personally hurt isn’t the point. Conflicting nationwide rulings from different judges created legal chaos and undermined consistency So now you can be a US citizen when in New York but not while in Kentucky. Sure to cause no chaos.

Huh? Federal laws apply everywhere. The rulings just means an injunction only affects the parties in that case or a certified class and not everyone everywhere automatically

Yeah, so when you say "federal laws apply everywhere", what happens when one state sues that it's unconstitutional and another doesn't?

https://news.ycombinator.com/item?id=44401294

Re: US Supreme Court limits federal judges' power to block Trump orders

#509

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.

As someone said in another comment, constitutionality of an action is national. There's nothing that could be considered unconstitutional in one particular region of the US and not in the others. The nationwide injunction is a tool that needs to happen if the US is ever attempting to be a country of laws.

Re: US Supreme Court limits federal judges' power to block Trump orders

#510
post #314

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.

I would bet if the democrats did this, the collective right's head would explode. I love how selective Trump is with following the constitution and its amendments, his supporters as well. They will die on their sword for 2A, but 1A when it suits their agenda and all others are just loosely worded suggestions

> They will die on their sword for 2A

No, they will not. Remember when Breonna Taylor was summarily executed for Kenneth Walker exercising his second amendment right to night time home defense - one of the exact scenarios the gun-fundamentalists are always fantasizing about - but then the Trumpists came out on the side of licking the jackboots?

Personally, I think it is likely that sometime during this Trump "presidency" we will see him call for more national gun control (obviously framed in terms of hurting some vulnerable group). We will see most of his supporters fall right in line, just as they have been doing on everything else. There will be heaps of rationalization about how it won't affect them of course, and they might even be right.

Morals, values, and other lofty ideals mean nothing to these people, beyond being trotted out as dishonest justifications to try and trick reasonable people into supporting their movement. I'm sure they meant something at some point, but that has been long forgotten. Their only real desire appears to be unrestrained power for their team, demonstrating it by hurting people who aren't on their team. This is why it has been impossible to have an actual discussion about what they actually want, or how Dear Leader and his policies fail at everything they claim to want - there is literally nothing of substance there.

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