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The 14th Amendment says if you were involved in an insurrection you can't be president. SCOTUS said they won't allow anyone to enforce that because of reasons they made up. The Constitution doesn't say the president is immune from criminal law. SCOTUS decided he is because of reasons they made up.
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At a minimum it seems like Biden should revisit every decision on e.g. loan forgiveness that any judge has blocked, and just say, nice judgement you made there but this is an official act so I can do it anyway.
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How is ignoring the Supreme Court not an official act?
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Sure Biden is safe but his order is not. He can ignore the court as presidents have done before so nothing new there but the danger is that a new president might say "that was illegal and now anyone who benefited from that illegal act it goes back to status quo ante." Is that an ex post facto law?
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Assuming people go along with him, the order is safe for his term in office. Presidents revising each others' kingly orders will just produce chaos, though.
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Yes that's true. Interesting point about the chaos reversing orders would produce. My sense is that this court generates much chaos, but the 6 are just too thick to see when it is coming. I mean didn't they just violate their own Loper Bright decision and now allow appeals from earlier rules?
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Chaos can be ignored by those who insist on principle come what may. They're like adolescents playing with libertarian philosophy. Who cares, when you're right?
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Yes I've long thought that Roberts and his ilk are spoiled little elitists who think they are smarter than everyone else and know what's best. Whereas they are perhaps the most out of touch w reality people in the entire nation. It is hubris at its absolute worst. And we will all pay for it.
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That's definitely not a current concern! For either candidate, and therefore the nation at large for at least the next 5 years at minimum
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A sensible person will worry about more than the next five years. Biden is sensible. The "Justices" are not. More to the point, Trump is not.
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The more such orders Biden issues the more he can run on protecting and extending them. He should just go for it.
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We can guarantee that Trump is not planning to show any restraint if given the opportunity.
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The problem with that argument is... SCOTUS already called his bluff. There is no more joking about daring Biden to do it... They did it.