Started By
Message

Separation of powers? frick that. Judiciary is supreme.

Posted on 10/1/26 at 3:11 pm
Posted by udtiger
Over your left shoulder
Member since Nov 2006
118113 posts
Posted on 10/1/26 at 3:11 pm
LINK

Trump as head of executive branch cannot fire US attorneys appointed by district court judges.

Turns the Constitution on its head. Also allows one branch of government to compel another branch of government to retain and pay employees it does not want.
This post was edited on 10/1/26 at 3:13 pm
Posted by atlgamecockman
Nola
Member since Dec 2012
4675 posts
Posted on 10/1/26 at 3:15 pm to
quote:

Separation of powers


whole point of the govt
Posted by StansberryRules
Member since Aug 2024
6014 posts
Posted on 10/1/26 at 3:15 pm to
Yes the check on rogue judges is supposed to be the ability to impeach them. However the bar for that is so high that it's pretty much impossible to do and they don't even bother to try.

As such the one check on misuse of judicial power is never used and as such they know they can pretty much do whatever they want.

They really should just be ignored
Posted by N.O. via West-Cal
New Orleans
Member since Aug 2004
7969 posts
Posted on 10/1/26 at 3:22 pm to
This may be a little more complicated than I thought. There is a statute that allows district judges to appoint interim prosecutors when the president has been unable to appoint and confirm a permanent US attorney. The president could clearly replace the interim but would first need to get Senate approval. But can he just keep firing the interims and subvert the statute? This one will be interesting.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
118113 posts
Posted on 10/1/26 at 3:25 pm to
This is all Thune's fricking fault for not letting Trump have recess appointments.

Grassley also bears a shitton of the blame for honoring blue slips.
Posted by Y.A. Tittle
Member since Sep 2003
111958 posts
Posted on 10/1/26 at 3:26 pm to
quote:

This is all Thune's fricking fault for not letting Trump have recess appointments.

Grassley also bears a shitton of the blame for honoring blue slips.


Posted by Sweep Da Leg
Member since Sep 2013
4835 posts
Posted on 10/1/26 at 3:27 pm to
quote:

Yes the check on rogue judges is supposed to be the ability to impeach them. However the bar for that is so high that it's pretty much impossible to do and they don't even bother to try.


It’s not high at all. We just have extremely weak and corrupt Congress members
Posted by Sweep Da Leg
Member since Sep 2013
4835 posts
Posted on 10/1/26 at 3:27 pm to
quote:

This is all Thune's fricking fault for not letting Trump have recess appointments. Grassley also bears a shitton of the blame for honoring blue slips.


100%. fricking traitors
Posted by IvoryBillMatt
Member since Mar 2020
12196 posts
Posted on 10/1/26 at 3:28 pm to
quote:

Turns the Constitution on its head.


It's an interesting clash which the Supreme Court will have to settle.

From your article (chicken shite TDS re "Trump loyalists...duh, what President doesn't appoint "loyalists"?):

"The Trump administration has repeatedly sought to circumvent the Senate confirmation process to appoint loyalists in top positions. In cases when district judges have exercised their authority to select someone else as the U.S. attorney, Trump has fired that person."
Posted by JimEverett
Member since May 2020
2767 posts
Posted on 10/1/26 at 3:29 pm to
quote:

U.S. Constitution Article II Section 1 The executive power shall be vested in a President of the United States of America.


Is Bastian not aware of the Constitution?

Also:

28 U.S. Code § 541 - United States attorneys

(c)Each United States attorney is subject to removal by the President

Are Bastian's law clerks so eaten up by hatred of Trump that they failed to read on-point statutes?
Posted by LegendInMyMind
Member since Apr 2019
76855 posts
Posted on 10/1/26 at 3:35 pm to
quote:

Judge rules Trump can’t fire court-appointed prosecutors


quote:

A federal judge on Thursday ruled that President Donald Trump doesn’t have the power to fire court-appointed U.S. attorneys, rejecting a core tenet of the Trump administration’s approach to top prosecutorial jobs.

“The president cannot unilaterally fire a United States attorney appointed by the district court,” U.S. District Judge Stanley Bastian said in a ruling from the bench. Doing so, Bastian said, “would upend the framework created by the Constitution and the statutes, which together balance the president’s right to appoint and the Senate’s right to confirm.”

The Justice Department said it will ask an appeals court to temporarily block Bastian’s decision while it appeals the ruling.

The ruling came in a lawsuit brought by Roger Rogoff, whom Trump purportedly fired from the job of U.S. attorney for the Seattle-area Western District of Washington immediately after the district’s federal judges appointed him to the role in July.

In his ruling, Bastian, an Obama appointee, determined that Rogoff is the U.S. attorney and has legally occupied that role since he took the oath of office on July 15. The judge also stripped power from Charles Neil Floyd, whom the Trump administration had temporarily installed in Rogoff’s place, determining that the administration had “improperly granted” authority to Floyd.

The Trump administration has repeatedly sought to circumvent the Senate confirmation process to appoint loyalists in top positions. In cases when district judges have exercised their authority to select someone else as the U.S. attorney, Trump has fired that person.


Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
484335 posts
Posted on 10/1/26 at 3:38 pm to
quote:

Separation of powers? frick that. Judiciary is supreme.

Isn't this via statute? In that case, separation of powers already were involved and the President who signed checked the box on the Executive approval of the law.

So you will be upset if the judiciary rules this legally passed statute unconstitutional because it would mean "judiciary is supreme"?
Posted by udtiger
Over your left shoulder
Member since Nov 2006
118113 posts
Posted on 10/1/26 at 3:39 pm to
quote:

The Trump administration has repeatedly sought to circumvent the Senate confirmation process to appoint loyalists in top positions.


This is an absolute lie.

His nominees are bottled up in the Judiciary Committee because Grassley is honoring blue slips. What's more is that Thune won't recess the Senate so he can fill.the slots with recess appointments.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
484335 posts
Posted on 10/1/26 at 3:40 pm to
quote:

The Trump administration has repeatedly sought to circumvent the Senate confirmation process to appoint loyalists in top positions.


quote:

This is an absolute lie.

His nominees are bottled up in the Judiciary Committee because Grassley is honoring blue slips.


That means it's not a lie

You're all over the place ITT
Posted by Timeoday
Easter Island
Member since Aug 2020
27297 posts
Posted on 10/1/26 at 3:41 pm to
If a branch of government act outside its responsibility, the other branches must react likewise. Only then can each branch respect the other.

Tit for tat. I would pay big money to see a marine unit remove 5 - 8 rogue judges on any given day, those judges to be never heard from again.

Tit for Tat!!
Posted by udtiger
Over your left shoulder
Member since Nov 2006
118113 posts
Posted on 10/1/26 at 3:41 pm to
quote:

Isn't this via statute?


Every statute is constitutional?

shite... guess there are a shitton of volumes from the Federal Reports and Supreme Court Reporta that need to be trashed.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
484335 posts
Posted on 10/1/26 at 3:42 pm to
quote:

Every statute is constitutional?

shite... guess there are a shitton of volumes from the Federal Reports and Supreme Court Reporta that need to be trashed.


Keep reading. Already covered.

quote:

So you will be upset if the judiciary rules this legally passed statute unconstitutional because it would mean "judiciary is supreme"?
Posted by udtiger
Over your left shoulder
Member since Nov 2006
118113 posts
Posted on 10/1/26 at 3:43 pm to
quote:

That means it's not a lie

You're all over the place ITT


He's not circumventing shite.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
484335 posts
Posted on 10/1/26 at 3:43 pm to
quote:

He's not circumventing shite.

Did the Senate confirm them?
Posted by Tigersforthee
Member since Dec 2025
424 posts
Posted on 10/1/26 at 3:44 pm to
Someday it'll only take 5 SC justices to literally destroy every right you've ever held dear and there will be absolutely no legal recourse. So yes the judiciary is indeed supreme which is why the lefts obsessed with destroying it as we have always known it.
first pageprev pagePage 1 of 3Next pagelast page

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on X, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

Facebook•X•Instagram