The forum shopping issue you’re describing is exactly the problem. Trump’s team can now basically pick and choose where to implement policies that have been ruled unconstitutional elsewhere. It creates this patchwork where your constitutional rights depend on geography, which is obviously fucked.
And you’re spot on about the cowardice. The Supreme Court absolutely should have ruled on the constitutional question first. That’s the actual substantive issue everyone cares about. Instead they took the cop out that gives Trump more power without having to make the hard call on whether his order is constitutional.
Honestly it looks like classic Roberts Court behaviour: make big changes to how government works while pretending you’re just doing technical legal housekeeping. They know damn well that ruling on birthright citizenship would be messy and politically explosive, so they found a way to help Trump without having to own the constitutional implications.
Your point about this cutting both ways (like with mifepristone) is important too, but the timing here makes it pretty clear what they’re really doing.
100% on both counts.
The forum shopping issue you’re describing is exactly the problem. Trump’s team can now basically pick and choose where to implement policies that have been ruled unconstitutional elsewhere. It creates this patchwork where your constitutional rights depend on geography, which is obviously fucked.
And you’re spot on about the cowardice. The Supreme Court absolutely should have ruled on the constitutional question first. That’s the actual substantive issue everyone cares about. Instead they took the cop out that gives Trump more power without having to make the hard call on whether his order is constitutional.
Honestly it looks like classic Roberts Court behaviour: make big changes to how government works while pretending you’re just doing technical legal housekeeping. They know damn well that ruling on birthright citizenship would be messy and politically explosive, so they found a way to help Trump without having to own the constitutional implications.
Your point about this cutting both ways (like with mifepristone) is important too, but the timing here makes it pretty clear what they’re really doing.