ALL of Congress needs to wake up and stop what Bannon is using Trump to pull off here. |
This journalist (the same one in the OP) says that she is writing it all up now and will have a report soon. https://twitter.com/CharESilver/status/826635528460079109 |
p This is extremely dangerous. No SC hearings until the tax returns are released and the executive branch heeds the judicial. We can't go on as if this is business as usual. |
Here's an article on "judicial reform" by tossing out Marbury. This seems to be bubbling up in conservative legal circles: https://www.conservativereview.com/commentary/2016/12/6th-circuit-transgenderism-is-settled-law |
I'm sure Turtle and that dimwit Grassley will be fine with this. |
omg |
Is there a vetted version of this story in the press yet- please share- this is incredibly scary. |
They expect Gorsuch to spearhead gutting Chevron deference. Conservative judicial activism on the march. |
More info here: http://www.forbes.com/sites/danielfisher/2017/01/26/bureaucrats-may-be-the-losers-if-gorsuch-wins-a-seat-on-supreme-court/#430bd60f460f Would vacating Chevron have any effect in relation to MvM? Right now we appear to have a crisis where the executive branch in wantonly ignoring the judicial rulings. That seems much larger in scope than Chevron. |
They're different. Getting rid of Chevron effectively gives MORE power to the judicial branch, because the courts could overrule the Executive (ie agency interpretations of the law.) Getting rid of Marbury is a complete nuclear option destroying the balance of power by gutting the courts. |
I don't think getting rid of Chevron deference would be good for anyone who wants to move away from Marbury v. Madison. They're probably misunderstanding the law and what Chevron deference is. |
Stop. Chevron simply stands for the proposition that courts should defer to agencies when faced with ambiguous legislation. In other words, when Congress rights crap laws, courts should let agencies use their expertise to figure it out when writing regulations. Scalia said no (as does Gorsuch). They say that it is Congress's job to write unambiguous laws. Agencies should not be empowered to second guess congress or to rewrite legislation. Instead, it should be sent back to Congress so they can do the job right. |
What are you even trying to say? The executive's job is to execute the law. It's not possible for Congress to write laws with such a ministerial level of detail that the executive can carry them out without further interpretation of the law, in most cases. That's the whole reason we have agencies. There is ALWAYS going to be the need for the executive to interpret the law in order to execute it. Are you trying to say that every law that does not give literal, ministerial directions to the President is going to be vacated by the Courts? I don't think so. What you're saying is that the courts are going to tell the agencies what the law means, in their opinion. That indeed gives a lot more power to the courts. (They already do a lot of this anyway by an overly expansive definition of "arbitrary and capricious" so I'm not sure how much will change in practice.) |
DHS is launching an internal investigation into the rollout of the travel ban and the problems described in this thread.
https://theintercept.com/2017/02/01/homeland-security-inspector-general-opens-investigation-of-muslim-ban-rollout-orders-document-preservation/ |
Preview: nothing bad happened and nobody is responsible. Easy-peasy. |