What can individual federal courts immediately do when the president issues a blatantly unconstitutional order? The Supreme Court gave its answer on Friday morning: Not much.
In an astonishing act of deference to the executive branch, the Supreme Court essentially said that district judges cannot stop an illegal presidential order from going into effect nationwide. A judge can stop an order from affecting a given plaintiff or state, if one has the wherewithal to file a lawsuit. But if there’s no lawsuit in the next state over, the president can get away with virtually anything he wants. ...
But if the courts can’t stop illegal activity in the White House on a national basis, what good are they? That was the point made by Justices Sonia Sotomayor and Ketanji Brown Jackson in two of the most fervent dissents in recent memory. Both were clearly incredulous that the majority was willing to stand back and let Trump undermine a fundamental principle of citizenship in place for 157 years. Sotomayor, joined by Jackson and Justice Elena Kagan, said the Trump administration knows it can’t win a decision that its order is constitutional, so it is instead playing a devious game: applying the order to as many people as possible who don’t file a lawsuit. “Shamefully,” she wrote, “this court plays along.” — The Supreme's Court's Intolerable Ruling
Today’s ruling allows the Executive to deny people rights that the Founders plainly wrote into our Constitution, so long as those individuals have not found a lawyer or asked a court in a particular manner to have their rights protected,” Jackson’s dissent states. “This perverse burden shifting cannot coexist with the rule of law. In essence, the Court has now shoved lower court judges out of the way in cases where executive action is challenged, and has gifted the Executive with the prerogative of sometimes disregarding the law.”
Jackson added ominously, the ruling was an “existential threat to the rule of law”.
WTF peace deal are you talking about? You are basically talking about the withdrawal of Rwandan troops from Congo, but not about peace between M23 and the DRC.Another US brokered peace agreement, this time between the Democratic republic of Congo and Rwanda.
https://www.bbc.com/news/articles/c1e0ggw7d43o.amp
None of this stuff will net him a peace prize, of course, because he doesn’t have the gift of hopey-changey rhetoric which the chattering class falls for. — NOS4A2
Unless and until full details of the signed deal are made public, several crucial questions remain unanswered:
Will the M23 rebel group withdraw from areas they have occupied?
Does "respect for territorial integrity" mean Rwanda admits having troops in eastern DR Congo and will withdraw them?
Would the agreed "return of refugees" allow thousands of Congolese back from Rwanda?
Does "disarmament" mean that the M23 will now lay down their weapons?
Who will disarm the FDLR, after the failure of several previous attempts?
Would the agreed humanitarian access allow the reopening of the rebel-held airports for aid supply?
Ok might be hyperbolic but it’s making it much harder to raise lawsuits against executive orders. A dissenting opinion said:
Today’s ruling allows the Executive to deny people rights that the Founders plainly wrote into our Constitution, so long as those individuals have not found a lawyer or asked a court in a particular manner to have their rights protected,” Jackson’s dissent states. “This perverse burden shifting cannot coexist with the rule of law. In essence, the Court has now shoved lower court judges out of the way in cases where executive action is challenged, and has gifted the Executive with the prerogative of sometimes disregarding the law.”
Jackson added ominously, the ruling was an “existential threat to the rule of law”.
And that’s from one of the dissenting judges, not a columnist. — Wayfarer
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