Started By
Message

re: Simple solution to judicial overreach and nationwide injunctions

Posted on 2/11/25 at 9:02 am to
Posted by skullhawk
My house
Member since Nov 2007
25924 posts
Posted on 2/11/25 at 9:02 am to
SCOTUS needs to rule ASAP whether federal elections that the right wins matter or we are all just subject to the whims of unelected bureaucrats.
Posted by MMauler
Primary This RINO Traitor
Member since Jun 2013
22578 posts
Posted on 2/11/25 at 9:04 am to
quote:

Where did I say anything in that post about being illegal?


Are you f*cking serious?

You’ve been trying to defend the nationwide injunctions because it’s your belief that the audit is illegal. And then, as part of your insane justification for the audit's illegality, you use the fact that the audit has been fully transparent from the get-go - like that is some sort of criminal offense.

You really need some serious f*cking professional help.
Posted by Flats
Member since Jul 2019
25476 posts
Posted on 2/11/25 at 9:08 am to
quote:

get Congress involve to ensure compliance


Is that a legal requirement? Should Hegseth have asked permission from Congress before changing the name of a military base? Why not?

All you've done is express your opinion of how the executive branch should have done something, all while pretending that if he'd just done it in a way that makes you happy the Dems wouldn't have tried to tie it up in court. I doubt you even believe that, you're just so deep in an insupportable position you end up with nonsensical claims. You recognized early on you couldn't support "illegal" so you've shifted to undefined terms like "proper" and "normative".
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
452700 posts
Posted on 2/11/25 at 9:16 am to
quote:

There is no need to have one of those two exceptions apply.


That's literally what WKA ruled, in defining "subject to the jurisdiction".

quote:

and the person who drafted the amendment,

Why do you hate Scalia?

quote:

There is nothing in that phrase that suggests that criminals who enter this country illegally are covered by the 14th amendment.

WKA disagrees and is a Supreme Court case defining what that phrase means.

Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
452700 posts
Posted on 2/11/25 at 9:17 am to
quote:

You alleged that they didn't follow the laws properly.

No I said my fear was that they wouldn't.

Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
452700 posts
Posted on 2/11/25 at 9:19 am to
quote:

Are you f*cking serious?

Yes. You misquoted me. I replied. You melt.

quote:

You’ve been trying to defend the nationwide injunctions

Strawman. I've never done this.

In fact, I said Congress needs to address this issue in this very thread.

quote:

Congress needs to figure this out


quote:

because it’s your belief that the audit is illegal.

I never said that. You can lie about it all you want, but it doesn't make it true.

Emotional outbursts and lies


Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
452700 posts
Posted on 2/11/25 at 9:22 am to
quote:

Is that a legal requirement?

It's the safest route to avoid legal challenges. I've never said it was the exclusive route (as the post had 2 different options, which in themselves were non-exclusive).

quote:

Should Hegseth have asked permission from Congress before changing the name of a military base?

No, but this action did more than change a name of a piece of federal property. It created a new arm of the executive with new functions, without specifying those functions specifically, trying to be clever in doing so by boostrapping onto an existing agency and pretending it's always existed.

Can that theoretically survive? Sure.

Will that be legally challenged? Also sure.

quote:

all while pretending that if he'd just done it in a way that makes you happy the Dems wouldn't have tried to tie it up in court.

They wouldn't have survived the injunction trial. They may have gotten an initial injunction, although the odds are low.

quote:

You recognized early on you couldn't support "illegal"

I said my fear was they would form it illegally.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
131656 posts
Posted on 2/11/25 at 9:22 am to
quote:

It doesn't end there. There will be a trial shortly.
Of course it ended there. The injunction was the end. It may eventually be overruled, but assuming Treasury acquiescence to this absurd Judicial overstep, elective oversight of the Treasury vis-a-vis the Executive nominated, Legislatively confirmed Dept Secretary is effectively terminated until the injunction is lifted.

A local Judge just basically told two branches of government to F/O. SCOTUS had better address the pipsqueak injunction BS, and quickly, or the Judiciary is going to get reintroduced to the principle of Executive nonacquiescence, and a major undermining of SCOTUS authority. FAFO.
Posted by Flats
Member since Jul 2019
25476 posts
Posted on 2/11/25 at 9:24 am to
quote:

You alleged that they didn't follow the laws properly.


quote:

No I said my fear was that they wouldn't.




You:
quote:

I said a long time ago my fear over Trump and DOGE was they'd do what they did last time and be too aggressive ant not follow the law properly and get DOGE tied up.

That's literally exactly what happened.


In case you missed it:
quote:

not follow the law properly

quote:

That's literally exactly what happened.


Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
452700 posts
Posted on 2/11/25 at 9:25 am to
quote:

elective oversight of the Treasury vis-a-vis the Executive nominated, Legislatively confirmed Dept Secretary is effectively terminated until the injunction is lifted.


Which is exactly why I said I feared Trump admin version 2.0 would fall into the same unintelligent muh fight nonsense instead of rational, patient aggression .

You can go into various DOGE-related threads during the election and see me post my concerns about this EXACT scenario unfolding.

quote:

A local Judge just basically told two branches of government to F/O.

And if Congress doesn't like it, they have the power to remove this authority from district court judges. The solution is purely Congressional, as I noted previously ITT.

quote:

or the Judiciary is going to get reintroduced to the principle of Executive nonacquiescence, and a major undermining of SCOTUS authority. FAFO.

That would be a declaration of authoritarianism.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
452700 posts
Posted on 2/11/25 at 9:26 am to
quote:

I said a long time ago my fear over Trump and DOGE was they'd do what they did last time and be too aggressive ant not follow the law properly and get DOGE tied up.


I bolded

Now DOGE is tied up until the courts determine if it was formed legally, due to being too aggressive in implementaiton.
Posted by Flats
Member since Jul 2019
25476 posts
Posted on 2/11/25 at 9:28 am to
quote:

I bolded


So? You said you feared they wouldn't follow the law properly, then claimed that's exactly what happened. Then you deny what you said.
Posted by IvoryBillMatt
Member since Mar 2020
5393 posts
Posted on 2/11/25 at 9:29 am to
quote:

Of course it ended there. The injunction was the end. It may eventually be overruled, but assuming Treasury acquiescence to this absurd Judicial overstep, elective oversight of the Treasury vis-a-vis the Executive nominated, Legislatively confirmed Dept Secretary is effectively terminated until the injunction is lifted.


This ×1000. Even one day of this injunction was one day too many AND provided fuel for the Trump = lawless narrative, even though the decision will be overturned at some point.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
452700 posts
Posted on 2/11/25 at 9:29 am to
quote:

You said you feared they wouldn't follow the law properly

And now courts have to determine that and DOGE is tied up
Posted by MMauler
Primary This RINO Traitor
Member since Jun 2013
22578 posts
Posted on 2/11/25 at 9:31 am to

quote:

That's literally what WKA ruled, in defining "subject to the jurisdiction".



For the last f*cking time you f*cking retard – they never addressed the issue of criminals who come here illegally. The ONLY thing we really have is contemporaneous constitutional history where the drafter specifically stated that "subject to the jurisdiction of" would not include illegals.

Wong Kim Ark's parents were permanent domiciles and had LEGAL residence in the United States, and were "there carrying on business." As a result, the Supreme Court never ruled on the anchor babies of illegal criminals.

It wasn't at issue in the case. You’re trying to use the inartful semantics of the Wong Kim Ark opinion to apply to a situation that was never f*cking contemplated in the case. And, we all know that you’re doing it strictly because it supports your political agenda. Well, that and the fact that you’re a f*cking idiot.

I’m serious when I say this dude -- get some professional f*cking help. You are one STUPID and f*cked-in-the-head individual.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
452700 posts
Posted on 2/11/25 at 9:34 am to
quote:

they never addressed the issue of criminals who come here illegally.
]
That is a distinction without a difference in how they defined "subject to the jurisdiction".

quote:

contemporaneous constitutional history where the drafter specifically stated t

Irrelevant to me, Scalia, and Thomas. Why are you anti-Scalia?

quote:

You’re trying to use the inartful semantics of the Wong Kim Ark opinion

"Inartful semantics" is a weird way to define an exhaustive historical and textual analysis of the terms. But, again, you don't like Scalia and textualism, so that makes sense. You want a "living document" analysis, I presume.

Posted by Hangit
The Green Swamp
Member since Aug 2014
43518 posts
Posted on 2/11/25 at 9:46 am to
quote:

Separation of powers. Same reason judicial can’t overstep executive. Legislative can’t overstep judicial.


Great thought. Can DJT use an EO to term limit congress?
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
131656 posts
Posted on 2/11/25 at 9:55 am to
quote:

Which is exactly why I said I feared Trump admin version 2.0 would fall into the same unintelligent muh fight nonsense instead of rational, patient aggression .
Because you feared a local Judge would take it upon himself to overstep and shutdown executive oversight of the Dept of Treasury?

You actually think the Trump Admin stepping more gingerly into the night would solve that judicial bullshite?

quote:

That would be a declaration of authoritarianism.
It would be the same exercise of Executive authority that at least two POTUSes, uniformly deemed "Great Presidents," employed. Nonacquiescence has been employed in the past, and if the Judicial Branch overreaches, it will be employed again. Call it what you'd like.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
452700 posts
Posted on 2/11/25 at 9:57 am to
quote:

Because you feared a local Judge would take it upon himself to overstep and shutdown executive oversight of the Dept of Treasury?

Not just this case. They're having to litigate if DOGE was formed properly or is even legal, which could invalidate all of their actions.

quote:

You actually think the Trump Admin stepping more gingerly into the night would solve that judicial bullshite?

By doing things the right way (either via Congress or following regulations like the APA by the book), they would thwart these challenges easily.

quote:

Call it what you'd like.

Authoritarianism.
Posted by TenWheelsForJesus
Member since Jan 2018
9353 posts
Posted on 2/11/25 at 10:06 am to
quote:

So the court that already only hears like 80 cases out of like 10k a year to be even more overloaded?


How long do you think it will take to review a Temporary Restraining Order that orders the destruction of data?

When did so many here decide to suspend common sense? The system is lazy and corrupt, and the response is "that's just the way it is." The idea to improve things never actually crosses the mind of most. They've been fully indoctrinated to believe that the system is always correct. Even when the system is wrong, it's still correct because it can't be changed.

This shite the democrats constantly try shouldn't take more than 5 minutes to overturn, but too many just accept mediocrity from the people with power. The system is fricked, but too many people don't even realize that it doesn't have to be. They just don't have the ability to think for themselves.
first pageprev pagePage 6 of 7Next 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.

FacebookXInstagram