Sunday, June 21, 2020

Kick Roberts' Ass. Please!

Dan Horowitz 'splains that Trump could simply ignore Roberts' jackassery on the DACA question.

...The Constitution simply never gave the courts a veto power such as it gave to the president. An injunction is merely a form of relief granted in an individualized case or controversy. But if a judge is going to use that case to somehow illegally adjudicate a policy issue with no standing and issue a broad policy directive, even if he is correct on the merits, it has as much effect as a declaration from me or you or any private citizen absent the affirmative “aid” of the executive branch.

Implicit in Hamilton’s design is obviously the premise that the presidents and governors have the power not to grant aid to court rulings and, under the right circumstances, will use that power. Denying the judiciary the power of enforcement is not a bug in the system; it is a feature.

This is the core difference between judicial supremacy and judicial review. As President Lincoln observed during the sixth debate with Stephen Douglas during the 1858 race for Senate in Illinois, courts can adjudicate individual cases, but if they seek to use those rulings as a way of setting political policy across the nation, it should never be regarded as a “political rule” to be “binding on the members of Congress or the President to favor no measure that does not actually concur with the principles of that decision.”...

So.  What Trump could and should do?  Continue removing DACA children from the country.  Roberts can pound sand.

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