Favorite team:Texas A&M 
Location:Texas
Biography:TAMU '86; TexasLaw '89
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Number of Posts:44345
Registered on:9/13/2013
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SFP, you, Roger, Buckeye... folks who could run circles around him and twist him into a human logic pretzel should they actually try to.
True, but why would any of us bother? He is a gadfly. Mildly annoying, but nothing more.
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Hank
The extent of your obsession entertains me.
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John Barron

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Someone come get your bot. It's glitching out.

:lol:

:bow:
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As I HAVE said, I think the Administration will prevail on this one, as soon as to matter gets past the TRO stage (first couple of weeks) and into the preliminary injunction stage.
How long will that take?

Is it possible it'll take a year? Is it beyond possibility that it could take even longer?
Hard to say.

If the DJ decides properly on the PI, a matter of weeks. If he rules incorrectly, the Administration will almost certainly pursue an expedited appeal, in which case another month or three at the Circuit. If it goes all the way to SCOTUS, longer.

All that also does not address the potential of orders enjoining enforcement during appeals.
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The SFP/Boosie response is that DJT is pushing the envelope on a lot of issues and causing penalty flags to be thrown.
I've yet to see one of them try to defend the clown who thinks the CINC can't decide issues of military readiness.
As I HAVE said, I think the Administration will prevail on this one, as soon as to matter gets past the TRO stage (first couple of weeks) and into the preliminary injunction stage.

But it WOULD appear that the matter was properly-pleaded to get a TRO.
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How can dems be so stupid to keep fighting against uncovering waste?
Who is fighting against uncovering waste?
If you question ANYTHING related to Dear Leader and his minions (Musk, in this case) you are an evil enemy of the State.

Trump's transformation of the GOP into Dems-lite would be laughable, if not so sad for the country.
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That’s not a Ponzi scheme .... Not even close.
These people do not understand that term any better than they understand "money laundering."
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We have laws in this country 
Exactly. Trump is using the law to deport people.
Trump is TRYING to use a law that HE says is applicable, while others say that it is not.

And the judiciary is taking steps to resolve that dispute.

As intended 250 years ago,.
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The SFP/Boosie response is that DJT is pushing the envelope on a lot of issues and causing penalty flags to be thrown.
A very reasonable and fair assessment.

And to extend the analogy, we are getting real-time video review of the calls on the field.
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Arguing for the status quo is, in practice, putting the judiciary head/shoulders above the other branches of government.
No. It is little different from the Hippocratic Oath ... "First, do no harm."

In legal terms, "When the legality of your proposed actions have been challenged, don't change a bunch of shite until we have a month or two to look into the matter."
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because your question, as written, contained more inherent bias than "When did you stop beating your wife?"
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Then rewrite the question, Hank. You know what I'm arguing.

I answered a "fair" version of the question.

You didn't like it.

If your emphasis is on the "forum shopping" element, keep in mind that this was much less of a a problem with 13 states and only a few dozen courts. Did they anticipate the sheer size and diversity of the current federal judiciary? Almost certainly not.
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The Circuits and SCOTUS.
You just got done claiming that's so slow that it's not a realistic check.
No.

There is a delay in the appeal process, whichever route you take.

But one has the potential to create FAR more irreparable harm than the other.

I choose to avoid irreparable harm, where possible.
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Why didn't you answer the question? Nobody is arguing that the Executive should not be checked by the judiciary. So, how about answer the question?
Because your question, as written, contained more inherent bias than "When did you stop beating your wife?"
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do you believe that it was the intent of congress when they established the district courts and passed law(s) related to their remit/power that the opposing party (to whoever is in office) could put before a "sympathetic" court an action that would allow said judge to handcuff a president on a policy matter for years?
There is no question that the Founders (going back at least to Justice Marshall) intended for the Judiciary to serve as a check on illegal actions by the Executive.
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what's the protection against a rogue district court judge neutralizing legitimate executive action?
The Circuits and SCOTUS.
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Last time I checked a district judge doesn’t have authority outside of their district other than in regards to executive actions.
This is not REMOTELY true.
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because Judge A has no authority to tell Mega what to do ... anywhere outside District A.
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Judge A in District A has no authority outside of District A.
Let's say (just for shits and giggles) that this is true.

Does he have authority over a LITIGANT who is present in his court? Yes or no?
Still waiting.
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The only court that can impose a nationwide injunction is the Supreme Court. Outside of that a district court can only do so in their district, a circuit court in their circuit.
PLEASE say that you did not attend an accredited law school.

If you did, you should get your money back, and the school should lose its accreditation.
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because Judge A has no authority to tell Mega what to do ... anywhere outside District A.
Judge A in District A has no authority outside of District A.
Let's say (just for shits and giggles) that this is true.

Does he have authority over a LITIGANT who is present in his court? Yes or no?
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Why would you lie like that? He plainly said ignore it until it got to SCOTUS.
Yes, that is the STATED position.
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His point is valid and one I've made. Having 600+ people able to stonewall any policy they don't care for isn't workable. If the exec branch is wrong, fine, give your opinion and run it up the chain, maybe all the way to SCOTUS, maybe a lower level, but it's got to be at a level higher than 600 assholes. That's insane.
And THIS is totally unworkable.

As SFP has said repeatedly, the upper courts are not DESIGNED to hear this sort of thing as a matter of first impression. They are designed to review alleged legal error by the District Courts. Further, your proposal would allow a rogue Executive (of ANY party) to engage in blatantly illegal activities for years, until a challenge makes its way to SCOTUS ... doing "irreparable harm" to thousands or millions of people in the interim.

That whole "irreparable harm" thing is the very REASON that the FIRST court has the power to enjoin.