(no title)
kurikuri | 8 months ago
What? That makes no sense. You can lookup which court and judge (or panel of judges) issued the injunctions. I do not understand why this non-existent anonymity would motivate a judge to issue an injunction.
> They can still strike down a law or executive branch policy.
Federal courts will only look at cases if there is a party with standing who engages in a lawsuit. If someone is being deported without due process, it will be hard for them to bring suit.
> This forces judges to actually do their job., instead of a nationwide injunction while they decide if they want to do their job later.
In general there are two reasons why these temporary restraining orders which have been issued. The first being that not doing so would cause irrevocable (or ridiculously difficult to revoke) harm (e.g., deporting people to a foreign jail). The second is that the TRO is used to stop something which seems illegal on its face (e.g. deporting people to countries from which they have never been).
> It doesn’t actually alter some fabric of our democracy or checks and balances, because the judges had already gone beyond what the constitution and congress prescribed.
It does alter the power dynamic of our democracy. Now, the executive branch can repeatedly perform illegal acts and only needs to stop its behavior in cases which have been decided. This checks and balances isn’t about stopping each other branch in a vacuum, the intent is to stop the government from overreaching on its citizenry. By crippling all of the lower courts, the Supreme Court has created a bureaucratic bottleneck for itself, allowing the executive branch to effectively DDoS the judicial system with case after case.
> The disruptive aspect of this - with concern to the birthright case that hasnt been ruled on yet - is just another example of this. Judges not doing their job.
No, it was the judge telling the executive branch that the executive branch must recognize the citizenship of children born on US soil. Instead of actually appealing the TRO on grounds of the legality of their actions, the executive branch has decided to complain about the legality of a court telling the executive branch to stop.
Who is supposed to tell the executive branch to stop doing something illegal, congress? Part of the point of the executive branch was to allow for some expedience, congress is slow. A judge is in a perfect position to tell the executive branch to stop, they don’t need to wait on committee and are not beholden to the president. Without the ability, the executive branch can quite literally do whatever the president wants.
No comments yet.