It’s going to be awhile before folks recognize just how damaging this is, if it plays out as I expect.
Trump’s entire life policy is to ignore norms, contracts, laws, and opposition until he’s stopped. It’s still dumbfounding he’s gotten this far, because he’s not some strange unknown entity - he’s a typical sociopath, pushing boundaries as far as they’ll go in his favor until he’s actually prevented from doing so.
His “litigate to delay” strategy is right in line with this. And now the norm is that his administration doesn’t just get to act unlawfully until a court enjoins him from it (if even that, and if even he follows the order). It’s now that his administration gets to act unlawfully to any individual who hasn’t, on their own, challenged it and won in court. And given how fast he is normalizing fascism, even if a substantial number challenge him, in a year when the cases are “won,” it’ll be too late, the moment will be lost.
If there was any doubt as to the health of the rule of law, this is basically the end of the line.
It isn’t quite what you’ve italicized, but make no mistake that’s it’s still a terrible precedent to set. Preliminary injunctions can still be granted by district courts, but now they need to be brought in the form of a class action and all the tediousness that entails. ACLU thankfully had one ready to go it seems just in case of this and it’s been filed already.
Nevertheless, this also enables insane infringement of the first amendment. There is nothing stopping him from declaring membership of a particular political party is illegal, including state parties, and then requiring each state to independently challenge under a restricted class action. It’s ludicrous.
It’s going to be awhile before folks recognize just how damaging this is, if it plays out as I expect.
Trump’s entire life policy is to ignore norms, contracts, laws, and opposition until he’s stopped. It’s still dumbfounding he’s gotten this far, because he’s not some strange unknown entity - he’s a typical sociopath, pushing boundaries as far as they’ll go in his favor until he’s actually prevented from doing so.
His “litigate to delay” strategy is right in line with this. And now the norm is that his administration doesn’t just get to act unlawfully until a court enjoins him from it (if even that, and if even he follows the order). It’s now that his administration gets to act unlawfully to any individual who hasn’t, on their own, challenged it and won in court. And given how fast he is normalizing fascism, even if a substantial number challenge him, in a year when the cases are “won,” it’ll be too late, the moment will be lost.
If there was any doubt as to the health of the rule of law, this is basically the end of the line.
It isn’t quite what you’ve italicized, but make no mistake that’s it’s still a terrible precedent to set. Preliminary injunctions can still be granted by district courts, but now they need to be brought in the form of a class action and all the tediousness that entails. ACLU thankfully had one ready to go it seems just in case of this and it’s been filed already.
Nevertheless, this also enables insane infringement of the first amendment. There is nothing stopping him from declaring membership of a particular political party is illegal, including state parties, and then requiring each state to independently challenge under a restricted class action. It’s ludicrous.
Yep. First amendment to second. All cases that are on the constitutional sphere are affected
It’s what the people want. It’s what he did all his life, including his first term, and he announced he would do, and he is now doing.
At least there is peace in the middle east and in Ukraine, and eggs are a dime a dozen…