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

theguardian.com

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

#851

Earlier quoted context omitted.

Do you think if the US populous was zero threat at all that we wouldn't be in an even worse place right now? How can you look at what the government is doing right now in the largest police state to ever exist and be like "Nah, we shouldn't be armed at all."

What I'm trying to say is: you say zero threat is bad, but an armed populace is actually worse than that. It's a potential asset to a wannabe dictator. There are very few ways an armed populace can stop a dictator (and not become an unmitigated disaster for everybody). There are a ton of ways they can start chaos - which can be a great opportunity for wannabe dictators. And that's not considering the case when these…

To me the populous being able to start chaos and cause downfall is the entire point, it is the ultimate threat towards despots. If you piss off the population enough then people will become dangerous enough to be a threat to everyone and anyone, no matter how rich or powerful someone is.

The strength of an insurgency is in the arms the common people possess, and a weak insurgency means years, decades, even generations of bitter fighting against a despot as they ultimately wait for them to die of old age or in-fighting among the elite and hopefully get someone nicer. I don't think that is an effective or desirable goal, I would rather the issue gets forced quickly. Even if the chance of stability immediately afterwards is lower, I think the ability to mess up despotic ambitions more quickly and decisively makes up for it in being able to do it again rapidly if necessary.

As for people wanting to be part of the death squads, their organizations can be destroyed just as easily as the one they destroyed to gain power. I can assure you that people who want to kill and grift their way to glory and wealth are not the only people armed nor the only ones willing to fight for their values.

Yes, we are sitting on a powder keg, but so is everyone else that want to be king of the powder keg.

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

#852

Earlier quoted context omitted.

Follow the process like requiring coordinated multi-district litigation or pushing for appellate consolidation This just puts the burden on challengers to build stronger cases, not shortcut national impact through procedural overreach.

What process? If you're a lawyer then detail the exact process for us.

Look at the footnote by Cavanaugh. District judges under the APA can block agency rules or action just not the President. It is effectively like a nationwide injunction

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

#853

Earlier quoted context omitted.

In my opinion, birthright citizenship is undesirable. Like you said, it's fairly unique to America and largely exists for historical reasons. However, there is no just world where you can revoke citizenship from existing Americans. Especially under the vague terms they used. Furthermore, the constitution itself is what defines it in clear language. Birthright citizenship can only be changed via constitutional amendme…

asking in a narrower context than before: what happens when an Nth generation american is forced to prove their ancestors came to the country legally under threat of being stripped of the only citizenship they’ve ever had ? i doubt most people can produce documentation reaching back several generations…

see the following [1]doj enforcement priority on stripping citizenship ; i guess conceivably a citizen could be in a situation of having to prove that some ancestor didn’t lie on their naturalization application

[1] https://www.npr.org/2025/06/30/nx-s1-5445398/denaturalizatio...

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

#854
post #98
post #89

Earlier quoted context omitted.

There is some compelling research from Princeton that for 90%+ of the American voting population, there opinions have zero impact on federal policy. It's all lobby driven money. “The preferences of the average American appear to have only a miniscule, near-zero, statistically non-significant impact upon public policy.” https://act.represent.us/sign/problempoll-fba And they actively vote against the will of their cons…

That’s not quite an accurate description of the Princeton Study. What the study actually shows, if I’m thinking of the correct one, is that for the most part average americans agree with the elite. The results of the study are driven by the fact that when elites and average americans disagree, the politicians tend to side with the elites. A prime example of this is the immigration system. https://www.nytimes.com/2024…

This from actual authors of the study on what they found:

“The preferences of the average American appear to have only a miniscule, near-zero, statistically non-significant impact upon public policy.”

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

#855

Earlier quoted context omitted.

> college is a privilege We, as a society , need doctors, lawyers, scientists, and engineers. College is a requirement for that.

Becoming a doctor, lawyer, scientist, or engineer is a personal choice, and a personal investment. You don’t get to socialize the costs and privatize the gains for your personal benefit in the name of “society”. If you need to take out a loan, borrow against your future, not everyone else’s. You’ll be making more money later so it’s not like you can’t afford it anyways.

However you can't protect yourself against all kind of things happening, like pandemic affecting your ability to work.

In cases of emergencies government can and often does intervene (see housing crisis, airlines during covid etc). Why wouldn't government offset something like this in case of student loans during emergencies?

In the end this was a statue (https://en.wikipedia.org/wiki/Higher_Education_Relief_Opport...) Biden was using for loan forgiveness. According to current Supreme Court (at least when Trump is a president) court shouldn't be deciding (in a lot of cases) over executive when its assessment of a situation is correct. However the court did it with Biden.

You're framing it like it's black and white and it's obvious loan forgiveness is wrong/illegal. Nah, it's not obvious, we did have an emergency and it might have needed exceptional solutions to it (in this case with student loans).

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

#856
post #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.

It creates imbalance of power: the executive can keep making orders which are clearly unlawful, but because of this they are still gonna be applied to most of the people (apart from ones who can afford going to court) until SC will reach the orders on merits meaning not soon. Meaning by that time executive can make new orders.

I think you’ll see this playing out very soon.

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

#857

Earlier quoted context omitted.

And what about right now (or rather, after the thirty day stay expires)?

It is a feature not a bug to have legal fragmentation in our judicial system. That’s how it was setup. Enforcement and effect can vary temporarily due to conflicting judicial rulings thus creating short-term legal fragmentation until it's resolved at a higher level

We used to have this feature and not a bug of having different takes on slavery legality in the US. You might know how this ended.

The state of people either having or not having citizenship defined by either statewide injunction was or wasn’t issued is pure chaos and pretty much indefensible.

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

#858

Earlier quoted context omitted.

Incorrect. Congress has a multitude of means to check the president.

They really only have one, and it has never been used successfully.

Impeachment, confirmation power, budget

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

#859

Earlier quoted context omitted.

It is a feature not a bug to have legal fragmentation in our judicial system. That’s how it was setup. Enforcement and effect can vary temporarily due to conflicting judicial rulings thus creating short-term legal fragmentation until it's resolved at a higher level

We used to have this feature and not a bug of having different takes on slavery legality in the US. You might know how this ended. The state of people either having or not having citizenship defined by either statewide injunction was or wasn’t issued is pure chaos and pretty much indefensible.

That’s not really a fair comparison. Slavery was a systemic moral atrocity, and its resolution required constitutional amendments and a civil war.

Legal fragmentation on injunctions isn’t about denying people’s humanity; it’s about how courts balance power between branches and avoid overstepping.

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

#860

Earlier quoted context omitted.

We used to have this feature and not a bug of having different takes on slavery legality in the US. You might know how this ended. The state of people either having or not having citizenship defined by either statewide injunction was or wasn’t issued is pure chaos and pretty much indefensible.

That’s not really a fair comparison. Slavery was a systemic moral atrocity, and its resolution required constitutional amendments and a civil war. Legal fragmentation on injunctions isn’t about denying people’s humanity; it’s about how courts balance power between branches and avoid overstepping.

To be honest I think this one is worse in a way because it permits laws impartiality in hands of bad faith executive (and we do have one).

In this very example people in the US split into two parts: living in states choosing to go against this very illegal executive order or not. Unless you have money to sue government yourself and didn’t end up in a state going against EO your child is gonna be denied the exact humanity you’re talking about. In fact they can be deported soon after being born as assumingly non citizens.

And yes, in this particular case probably it will turn ok, because class certification seem possible. However class certification is very limited at the moment, and, again, in hands of bad faith executive we’ll end up with executive orders built around it. For example we can end up with 10% religious tax (but only if you Muslim). When the case finally reaches the merits just cancel it and change to 12%. This might be non class certifiable, and will create both chaos and inequitable application of the law.

If judges really wanted to solve initial issue of conflicting decisions (not fragmented, since universal injunctions were making decision universal) they should’ve fixed class actions first.

I’m pretty sure we’ll see this all to play out really soon.

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