Good points.
Comment on Trump-backed bill to stop 'rogue' judges passes House
Lovstuhagen@hilariouschaos.com 5 days agoAnd that still exists. It is merely the case that SCOTUS will have to check Federal power laws, and that the whole system doesn’t get torpedoed by a single Federal circuit judge making a single ruling on a case that may not even be 100% related to the bulk of what the policy is designed to do.
DonaldJMusk@lemmy.today 5 days ago
Archangel1313@lemm.ee 5 days ago
Except that’s how the entire judicial system works. Saying that a lower court has no jurisdiction to make a ruling, undermines that entire system, since every new case begins in the lower courts. A ruling like this, would effectively make it impossible to bring any case against the federal government, since the starting point for litigation would now be considered invalid.
Lovstuhagen@hilariouschaos.com 4 days ago
They still have a jurisdiction to make a ruling, but not one that pauses the entire federal act when it is clear it will be appealed up to SCOTUS.
So the idea would be that a court with jurisdiction in California can make a ruling which applies to stopping a single Californian in unique circumstances from being deported under the specific law, but this cannot completely destroy the totality of the law.
And, just as we’ve seen, some of these rulings that would have crippled the government’s ability to remove violent criminals from society do go to SCOTUS and SCOTUS sides with the law.
They’re working out the kinks in the system.
Archangel1313@lemm.ee 4 days ago
There are no “kinks in the system”.
The idea is that the law is the law, no matter which court is making the ruling. If the president is in violation of the Constitution, then any judge has the authority to stop it.
They can appeal that decision if they choose to, but it’s not like there are some judges that are allowed to determine what’s legal, and others that aren’t. If the order is illegal, it should be stopped as soon as possible…not weeks or months later, when the Supreme Court finally gets involved.
Lovstuhagen@hilariouschaos.com 1 day ago
But this is not entirely accurate. The Supreme Court overrules these sorts of judgments with some regularity.
It is also logical to continue implementing the policies that would be unaffected by such a decision.