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Susan Linehan's avatar

As to ElongatedTusk's plans for executive orders: there IS this thing called the Administrative Procedures Act. I don't think executive orders can dismantle it. Actually, it would raise an interesting immunity question: is it within the President's core powers to overturn statutes absent a national emergency declaration (or possibly even WITH one). What "emergency" will trump use to issue such an order? The same would apply to any overuse of emergency powers to get things done. At some point the Extremes are going to have to have a closer definition of what "emergencies" qualify for special presidential powers. The sooner we can get that issue before them, the better. I'm not sure that a majority would go quite so far as to say the president is the sole decider of when something is enough of an emergency. To give him blanket power would be to let him, for example, declare an emergency and boot justices he doesn't like from the court.

I've wondered whether Biden could simply blanket pardon undocumented folks for any "crime" in overstaying a visa? In fact, if one enters the country legally, you are not a "criminal" under our statutes; such people have committed a civil offence. And, of course, for trump to argue that a pardon doesn't apply to civil offenses (if it doesn't) he'd have to admit that absent a criminal act while here, these immigrants are in fact not criminals.

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Cyn B's avatar

Surely you understand by now that Trump can do whatever he wants if there is no one with the balls to say no.

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Susan Linehan's avatar

I'd say that while that is possible, those hurt by his acts still have access to the courts for injunctions and such, and there are a lot of non-trump judges out there. (I'm not talking suing HIM as a person, but the government. Immunity just means he can't be prosecuted for acts within his "core" powers--it doesn't mean that those acts are always legal.) Cases take TIME to get to the Extremes. At least till the midterms.

Trump can and will do a lot of damage. But it isn't clear yet that he will be fully unrestrained. It is still a serious DANGER we face, but not a fait accompli.

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Cyn B's avatar

And now I am reading on Bsky that Schumer made a Midnight deal with repugs to leave 4 appellate judge positions for Trump? IF true, because I believe it was reported on Faux News, we truly do get the gov we deserve. I am not a Schumer fan. He’s another slightly sleazy octogenarian that needs to retire.

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Susan Linehan's avatar

Schumer's explanation is "the four circuit nominees lacked the support to be confirmed, and Democrats received more than triple the amount of other judges moving forward as part of the agreement." Remember that District judges deal with a LOT more than political cases, things that don't necessarily get appealed, and more Biden appointed judges may give more people a chance at a fair shake.

So IF there really was little hope of getting the appellate nominations approved , this could be a good deal. (One of the nominees for appellate is Muslim and has some outside activities that could bollix the nomination, and two others are women, not a good thing to be with this GOP or, sadly, some Dems.) At this point, practical perhaps has to reign over ideal.

This isn't to say I'm happy. But it is always possible that some trump appellate nominations will be incompetent at the Judge K level, such that even the Extremes have to hold their nose. They haven't been ALL pro GOP in their decisions, though they've done some really damaging decisions. This is less likely with judicial appointments than cabinet, given the Federalist Society vetting. But remember that there still are some skeptical GOP senators, who may become more so if trump tanks the economy. There ARE 20 GOP senators up for reelection in 2026.

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Cyn B's avatar

I hope you are right but he seems to have had a lot of ‘luck’ getting appellate courts to jam up any attempts to thwart him.

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Susan Linehan's avatar

Given the kind of blanket mayhem going on, it will probably be fairly easy to get this before the 9th Circuit or at least away from the 5th or even the 11th. Remember that a lot of GOP stuff is filed in Texas because of Judge K, and hence to the 5th. So we see a perhaps exaggerated slant on thuggery.

In at least one way the Gaetz nomination had one merit. He was way more likely than Bondi to fill the US Attorney and other DOJ attorney slots with incompetents. Bondi will presumably look at competent loyalists, which means suits against the government are going to be better defended than they would have been under Gaetz.

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Susan Linehan's avatar

Another thing to consider about "executive orders" gutting regulations. Remember that the Extremes gave the power to decide on regulatory things TO THE JUDICIARY. Are they going to just yield that power to the executive? Supreme Executive is one thing when the Extremes looks at Congress vs. Executive. It might be another if the issue is COURT vs Executive. I suspect they are going to require the courts to step in when scope of regulations is the issue.

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Joan Brausch's avatar

You guys are awesome. Love your attitude and all the info you share. Keep it up!

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Julie Jackson's avatar

Good lord I despise those m-effing Rs. They never cease to disappoint

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mitch's avatar

Great article from alt , follow up matty decides not to be ag . Yet report should still be released . Keep firing away on the alt with the good fight . will forward it . Great article

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