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efitz | 1 month ago

What do you mean no one is willing to buck the trend? It’s almost a certainty that Republicans will lose the house this year and maybe the senate.

On the other hand we have federal district court judges in podunk deciding that they have the unilateral ability to stop the president from exercising executive authority. It wouldn’t be so comical if they didn’t ultimately lose in most cases; our judges are the real Constitutional crisis right now.

I have not seen the Trump administration fail to obey a single court order; I just don’t see Trump as a crisis. His policies, you could make a good case. His rhetoric, yes. His official acts, not so much.

discuss

order

analognoise|1 month ago

> On the other hand we have federal district court judges in podunk deciding that they have the unilateral ability to stop the president from exercising executive authority

He doesn’t have unlimited executive authority; it makes sense for a judge to be able to determine where that line is. It’s literally their job?

jleyank|1 month ago

Depends on where the 11 Airborne goes. Most places outside of existing training sites break treaties or cause civil unrest/volate posse comitatus.

jamroom|1 month ago

johnnyanmac|1 month ago

Very true. The trials against these people better be brutal (assuming they don't all run to Argentina).

It's frustrating now, but having all these cases and cases over ignoring orders is a very important paper trail if we want to civilly resolve all of this. The new DoJ can certainly go after the old one and they have a disgusting amount of cases to comb through to make their case. And a frankly incompetent opposition (it's okay, about 2/3rds of the DOJ quit as of now, I imagine many of the sensible/talented ones realized the incompetence).

Supermancho|1 month ago

> I have not seen the Trump administration fail to obey a single court order

If we can avoid playing word games, the Trump administration has been accused of defying or frustrating court orders at an unprecedented rate, with analyses indicating it failed to comply with approximately one in three judicial rulings against its actions.

Notably in regard to deportations. The administration either acts in defiance of, or appeals until the case is elevated to a sympathetic judge or eventually complies. This is the trend and has been a successful set of tactics so far.

efitz|1 month ago

No word games at all.

Every American, even the president, even (gasp) Donald Trump, has the right of appeal of judicial orders and rulings. I could just as well say that people and organizations who oppose Trump's immigration policies go "judge shopping" or "jurisdiction shopping" to find sympathetic judges, which happens all the time (For example, there is absolutely no justification for Judge Boasberg in the DC Circuit to have adjudicated the issue of the deportations from Texas; it should have been a local judge in TX).

Inferior court judges (i.e. judicial branch judges that are not Supreme Court justices), only have judicial authority as granted by Congress, and it's not clear whether they do or should have jurisdiction outside their circuit- the Supreme Court is currently deciding that one. Congress explicitly has denied judicial branch judges from jurisdiction over immigration issues, in favor of immigration judges. I believe that most of the judicial actions against the administration wrt immigration are largely lawless (illegal) actions by judges, but I am very much not worried about Trump because his administration is NOT ignoring court orders.

There is a lot of FUD in the news that you have to do a bit of reading to understand (for example, why district court judges may not lawfully order a halt to a deportation that has been properly adjudicated by an immigration court).

My bottom line is that I don't see a Constitutional crisis in Trump's actions, although I very much see many reasons why many people would be upset; he has a very polarizing personality and demeanor.

ipython|1 month ago

> It’s almost a certainty that Republicans will lose the house this year and maybe the senate.

Unfortunately the state party operatives have started gerrymandering efforts to make this even more difficult.

Trump has absolutely failed to comply with several court orders. The ones I’m aware of relate to Kilmar Garcia’s removal to CECOT.

efitz|1 month ago

Where is Garcia now? In the US.

Who brought him back? Trump

anon291|1 month ago

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asdff|1 month ago

He is openly talking about doing away with elections.

cmurf|1 month ago

Trump, while president, sent a mob to assassinate the vice-president of the United States, and members of Congress, because Mike Pence refused Trump’s illegal order to overturn an election both of them had lost.

The current president is plainly undemocratic. It’s a matter of public record.