southpaw: Throw in an explicit supreme court endorsement of unitary executive theory, why not?

Throw in an explicit supreme court endorsement of unitary executive theory, why not?

undoing this damage will be a generation of work

if it ever gets undone 😞

This ruling is like a Fed Soc treasure map

idk, can biden direct the agencies to ignore the courts now?

As a layman, it’s surreal to see that these rulings contain absolutely no defensive ambiguity. They repeatedly go out of their way to say “oh, and this other obvious, explicit abuse of constitutional power? Yeah that’s cool too.”

I can't wait until 18 months from now when I'm able to pass the bar with, "Whatever the billionaires want, man."

I was taken aback by the overall decision, but its the little hidden gems within the decision like this one that continue to amaze. This, and the one in the paragraph above it that basically states the president can now collude with the DOJ.

If I were POTUS today I would make a statement that he will use this new ruling by SCOTUS to uphold Democracy and then take action that shows a warning shot.

SCOTUS NEEDS to be put in its place. Hard. Reform, investigations, prosecutions.

Bang bang bang, went Roberts’ gun He shot it down, Bang bang bang, went Roberts’ gun He shot it down, He shot it down He shot it down He shot it down It’s a coup. Roberts stole it from Gore from the other side of the bench and will deliver the coup de grâce next.

Can president Biden then theoretically order the assassination of Trump, SCOTUS, and Mitch McConnell as an official act to protect national security?

Seems like yes.

Doesn't this contradict their ruling from three days ago about executive agency actions?

Executive agencies have no power now. The power rests entirely in one person in the Oval Office apparently.

If the power rests solely in the Executive, wouldn't he or she issuing an Executive Order directing the agency to take an action serve as an end-around of that ruling?

Maybe? But do you think this court would allow that if it were an action they didn't like?

Alito is such a fucking dirtbag

Martha has a flag ready and everything.

they're standing outside the White House screaming "DO SUMTHIN'! C'MON! DO SUMTHIN'! YOU AIN'T GOT SHIT! NO BALLS! NO BALLS!" and we're just gonna take it and run a gotv campaign

also includes my favorite trick, using Scalia dissents as though they were black-letter law

Wait, so doesn't this mean that REGULATORY AGENCIES are ALSO free from the other bothersome branches of government? Like isn't this a contradiction of what they did in Chevron?

I mean Art 2 sec 1 literally says "The executive Power shall be vested in a President of the United States of America." There's plenty to dislike about this opinion but that is not an explicit endorsement of anything other than what Article 2 actually says.

But for all practical purposes it disables the separation of powers and the core idea of limited and divided government. And if the president can just "officially"order the arrest of judges, civil servants, rivals, or others for not following his executive decree, there is no real check.

An official act must be pursuant to a constitutional provision or statute enacted by congress. I'm not sure how he'd acquire the authority to issue arbitrary decrees.This case also only applies to criminal prosecutions of the president, not cases alleging separation of powers violations.

Declare climate change an emergency and use emergency powers. What Constitutional provision was the hush money payment made under? www.bloomberg.com/news/article...

Trump Seeks to Toss NY Felony Conviction After Immunity Winwww.bloomberg.com Donald Trump is making a new push to get his New York hush-money conviction tossed out after the US Supreme Court ruled that he has at least some immunity from criminal prosecution for official action...

Very good question! It will be interesting to see what happens in his attempt to get out of his felony conviction. I predict it will fail (1) because the court would have to make their opinion in Trump retroactive (rare) and (2) the lack of legal authority to furnish hush money as you pointed out.

And if Trump is president by then, what if he could arrest SCOTUS members for ruling against him?

But even if Merchan rules that way, what happens when Trump inevitably appeals the whole thing to SCOTUS?

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