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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]This is a press release from some lawyers, saying that CBP was refusing service of the court orders, and so were the US Marshals.

https://mobile.twitter.com/rotophonic/status/826535098623225857[/quote]

Yup, this very dangerous movement is already under way. Even more reason for Democrats to resist the new SC nomination and keep the current make-up as long as possible. It also explains why Trump is pushing the GOP Senate wants to remove Nuclear Option as quickly as possible.

http://www.forbes.com/sites/eriksherman/2017/01/30/hidden-danger-of-trump-immigration-orders-dismissal-of-court-orders/#2b023832cf4f

http://www.salon.com/2017/01/31/trumps-muslim-ban-could-provoke-a-constitutional-crisis-will-the-executive-branch-ignore-the-courts/[/quote]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.[/quote]

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

[/quote]

omg[/quote]

They expect Gorsuch to spearhead gutting Chevron deference.  Conservative judicial activism on the march.  [/quote]

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.[/quote]

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.  [/quote]

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. [/quote]

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.)[/quote]

+1. Just read the first five pages of the thread, and this is the most spot-on comment. 
Congress to write. Executive to administer. Courts to judge when ambiguous. Going back to the OP, these guys need to be following courts stat. Otherwise, they'll be sued. So fast.

Now, that's what trump wants. Or bannon. Whatever. They're testing out the waters, obviously. Let's make sure the test gives them the answer we want them to see. Executive is not all powerful. [/quote]

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