• MysticKetchup@lemmy.world
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    1 day ago

    Even if the courts eventually shoot down his bullshit orders eventually, they’re not allowed to stop him from enforcing them until the case is over, except against the specific plaintiffs in their court.

    So assuming that his birthright citizenship order is defeated, as soon as the SCOTUS 30-day pause is up, he can start stripping people of citizenship and deporting them right away. If that order is overturned? Then he’ll have to deal with whatever the court says he needs to do, but he’ll still have destroyed a bunch of people’s lives in the process

    • just_another_person@lemmy.world
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      1 day ago

      They don’t need to stop them, because they are unconstituit. You can’t make up some bullshit that is UNCONSTITUTIONAL and win in court. Any half-assed lawyer can just file the paperwork to get this shit shut down, but that’s really the cruz here in that they are expecting people to not have the access to legal services to make it happen in the event they are challenged.

      There will be more specific cases about this specific thing immediately being heard by the lower courts, they’ll rule against Trump, and this will end up in the Supreme Court again in the next session, no doubt on that.

      This is a stalling tactic by Trump’s psychos to try and make it look they are able to bend the Constitution to their service, which will not happen because…it’s unconstitutional.

      • nickwitha_k (he/him)@lemmy.sdf.org
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        1 day ago

        You can’t make up some bullshit that is UNCONSTITUTIONAL and win in court.

        Sadly, this is not exactly accurate. See:

        • civil asset forfeiture (blatantly violated the literal wording and any good faith interpretation of the 4th and 6th Amendments)
        • qualified immunity (was literally invented with no basis in existing law, violates the wording of the law as passed, which was maliciously transcribed to omit a clause explicitly banning immunity, and violates the 7th Amendment right to a jury trial for civil damages exceeding $20)
        • just_another_person@lemmy.world
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          1 day ago

          These are awful things, but again, you yourself mention “good faith interpretation”. This is a procedural problem with lawmaking in general that if you don’t specifically have an action codified in law that says “you cannot do this”, people will find ways to work around it. This is the case with both of the things you’ve mentioned, unfortunately.

          Now, if the existing laws specifically had mentioned these things are illegal AND were in the constitution, and then somebody tried to enact them, thats a different story.

          Instead these things exist because of bad faith interpretation of laws, and need to to be routed out by very specific wording or rulings.

    • Archangel1313@lemmy.ca
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      1 day ago

      This is exactly how Biden managed to forgive millions of people’s student loan debts, before Republicans had the chance to stop him in court.

        • Archangel1313@lemmy.ca
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          17 hours ago

          It literally is. He acted through executive orders alone, and .managed to wipe out billions in debt, in several waves. Unfortunately though, those orders were eventually blocked by Republicans, who challenged them in court…but not before millions of Americans had their debts erased.