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I noticed a trend with Trump's executive order spree yesterday - almost all of them are just fluff or red meat for the base that don't have any effect on anything, like the one defining genders, and others are so blatantly unconstitutional that they will be challenged and most likely never implemented, like the one in question terminating birthright citizenship - it's guaranteed to go before the courts and get struck down. Doing something like that would require an constitutional amendment.
He's counting on the goldfish brain base to give him credit for doing these wacky things and then not pay attention three weeks from now when an ACLU lawsuit essentially puts the order in limbo before it dies in front of a judge.
Trump might as well sign an executive order that declares himself Emperor of the Moon and Supreme Chancellor of Outer Space, it'll have about the same amount of impact as this first round of executive orders will.
There are no longer checks nor balances.
lolwut?
With this SCOTUS, they will pluck the case out of the line, before it goes down any circuit, and they will issue a ruling declaring it constitutional.
That's what happens when you have a bought-and-paid-for SCOTUS.
They'll probably strike down one or two of them just so they can claim "look, we're still independent!!"
Of course the ones to get struck down have already been agreed upon
If only trump controlled the highest court in all the land. A "supreme" court, if you will.
That said, trump and his allies have been pretty open that the idea is to spam EOs to demoralize people and distract them from what they are really doing. And, in this case, Legal Eagle (and Liz Dye) kind of already explained it:
The idea will be to declare a border crisis (done) to give the potus wider reaching powers. Same with declaring Mexican cartels as terrorists (they kind of are, but not to us). The combination of those mean they can invade sanctuary cities under "national security" excuses and can argue that illegal immigrants are enemy combatants which DO have a carve out.
The "quirk" of Kamala no longer being a citizen because her parents were here under student (?) visas MIGHT get struck down. But the real goal of populating labor camps with brown people is right on track.
If Trump actually controlled the Supreme Court, we never would have had a president Biden. The Supreme Court mainly cares about increasing their own power. They'd never allow the office of the president to have the power to overturn the constitution by fiat.
...
trump has a ruling from the supreme court that he can't be punished for anything that he considers an "official act". And the entire point of "stop the steal" and "stall for time" was to get the 2020 election up in front of the supreme court. Instead, pence showed a backbone for the only time in his life and it became a violent insurrection attempt instead.
They literally ruled that anything Trump does is an official act, and he cannot be charged for it. And, he already has self-pardon, so any "loophole" the SCOTUS comes up with, he just pardons himself.
And, he sends men with guns, under an official act, to get rid of the SCOTUS justices that disagreed with him... And he will select new ones.
Look, not to call you out or anything, but the impact of these edicts (however nonsensical) is radically different now that he's in office.
The problem isn't the legitimacy or legality of any such order, it's the veracity and scope to which they are carried out regardless of those facts. He just pardoned the Jan 6th insurrectionists. Now, people that are handed off-the-wall, yet much more clear, orders from the White House can now go on thinking that illegal activity pursued in the name of said order will be washed away. So, stuff like this will cause damage to be done well before any courts can intervene, constitutionality be damned.
As a bonus, this adds culpability to the actions of his subordinates. Step in line or lose your job. Fail me after committing a crime and you go straight to prison. This is an organized crime tactic to keep shady people in line.
That's the key. With these ECs and the pardons, Trump's lackies are free to do whatever they want, using these as an excuse. If anything does happen to them, Trump made it clear he'll pardon them. and if Trump is scrutinized, he's got the SC on his side who just gave the president unlimited power. And if push comes to shove, he'll just pardon himself.
There is literally nothing holding him accountable anymore. Nothing and no one.
I understand that. What I'm hoping is that the rest of the members of government will remember that Trump cannot do it without them. All an executive order really is, at it's core, is direction for how federal agencies should conduct their business. None of it circumvents congress or the courts. Yes, I know, those two branches of government aren't on our side either, but at the very least I expect them to be slimy enough to know when they have leverage and use it to their advantage - stall out or kill legislation before it has a chance to become anything more than just an executive order full of hot air if for no reason other than to extract concessions from Trump. It all adds up.
If the SCOTUS thinks it should, then it will. Which they will, since they are beholden to Donold.