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Consistent principles?
General Boards - Politics
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Replies: 9
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Consistent principles?

1

Jun 29, 2025, 9:45 AM
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It's remarkable to see Elena Kagan and many Dems gnashing their teeth over the recent Supreme Court ruling on the power of individual federal judges, who in just a few months or years have done a 180 on their previous position.

The SCOTUS was correct to limit the power of a single federal judge(there are close to 1000).


https://www.judiciary.senate.gov/press/rep/releases/what-theyve-said-democrats-flip-flop-on-injunctions-to-suit-partisan-aims

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Both sides used that tactic.***

2

Jun 29, 2025, 9:53 AM
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Re: Both sides used that tactic.***

2

Jun 29, 2025, 9:57 AM
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100% correct and neither side is correct to use a single judge to wield nationwide power.

A single judge in TX should not be able to essentially make policy nor one in CA.

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As I understand it, the judges are used to block policies by the executive

2

Jun 29, 2025, 10:24 AM
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until they are reviewed for Constitutionality. This is an important check on the executive, made more important because of our derelict Congress.

Most of Trump's most consequential policies have been drafted based upon several perceived "national emergencies". Trade emergency, immigration emergency, energy emergency, etc. Trump has declared 8 national emergencies since being sworn in this term. Last term he shattered previous records with 13 national emergencies, for a total of 21 over two terms. Far surpassing any prior President.

For Congress to end or alter a national emergency it takes a 3/4 veto-proof vote. Yet another power (RESPONSIBILITY) they LONG AGO punted. So if you want to sit back and expect Congress to check these powers, you can just watch our democracy become an autocracy.

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Excessive and partisan use of EOs erodes democracy

1

Jun 29, 2025, 10:36 AM
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And the “balance “ of power between different branches. It also erodes States rights and the balance of power between State governments and the Federal Government.

As stated, it is a tactic that leads to authoritarian rule.

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EO's have long been used to address emergencies.

1

Jun 29, 2025, 10:46 AM
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The key difference is 1-they had to be constitutional and 2-Congress had to comply if they weren't. For example, when FDR issued an EO to confiscate nearly all the gold held by Americans, that EO was roundly considered to be unconstitutional, even when paying $30 an oz. HOWEVER, within a month, CONGRESS passed an ACT dictating the same mandate, and the plan was executed.

This was before Congress punted emergency power authorities (happened in the 70's).

Which....again, for the umpteenth time, our problem is our Congress. Period. Almost all of our problems stem from a derelict Congress not doing its job.

And most Americans are fine and happy to cede power to an autocrat, so long as that autocrat says things they like to hear, and would rather do that than fix our Congress and preserve our republic.

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The single judge is not making policy....

3

Jun 29, 2025, 11:24 AM [ in reply to Re: Both sides used that tactic.*** ]
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An injunction is put in place to temporarily delay or block an executive action while the executive's policy is being reviewed for constitutionality and lawfulness (or lack thereof). That's not the same as a single judge making policy.

You're over-stating how much power the single judge has, and it seems you're willing to let the executive order go into action prior to finalization of the review of the courts.

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Just do a Biden. Ignore the injunction, then ignore SCOTUS.***

1

Jun 29, 2025, 10:39 AM
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Well, now he can.***


Jun 29, 2025, 10:48 AM
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Re: Consistent principles?

1

Jun 29, 2025, 11:28 AM
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again, this has been done several times in the past, with Obama's DACA program, with Clinton, and once before that. I do not remember this getting sent up op the Supreme Court then. And of course, if something is blatantly unconstitutional, there needs to be broad checks and balances so we do not have 50 individual court cases simultaneously jamming up the courts, one set of state having a stay on the order, where others do not.

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Replies: 9
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General Boards - Politics
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