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Much as I agree that this was executive overreach, Trump did a ton of executive and legislating from the oval office, and the courts did not keep him in check.

Much as I agree that this was executive overreach, Trump did a ton of executive and legislating from the oval office, and the courts did not keep him in check. Classic example, https://en.wikipedia.org/wiki/Executive_Order_13771 https://en.wikipedia.org/wiki/Executive_Order_13771 This should have been ruled unconstitutional, but they let him get away with it and tons of other garbage executive orders. The courts only care about executive overreach when democrats do it.

jonnycomputer 3y ago
I agree should have been; and agree that the Justices can be blind to their own contradictions, or that at times they start with the conclusion they want and seek a means to justify reaching it. Unfortunate. I tend to think that there are two justices who do that in particular most of all. That would be Alito and Thomas, who are, I believe, "movement judges". I haven't had enough time to evaluate the newest Democratic justices. Gorsuch has surprised on a few issues, for example. So has Kavaugnah in fact.
WalterBright 3y ago
As I recall, quite a few of Trump's EOs were overturned by the courts.
mrguyorama 3y ago
They did shut down some of his more blatant stuff, but he just spit out so many clearly absurd executive orders that even a genuine supreme court probably couldn't have kept up. But that's like his entire strategy: It's just a gish gallop
AnimalMuppet 3y ago
There was a lawsuit to stop that EO, which got rejected at Federal Court due to lack of standing. Those who filed the suit declined to appeal. The student loan thing got overturned by the Supreme Court - that is, it got upheld at the Federal Court level, same as EO 13771 did. The difference is that those appealing it kept fighting. So I'm not sure it's fair to blame the courts. Blame those fighting EO 13771 for deciding not to appeal. Or maybe they were right not to appeal, deciding that it was an unwinnable case, in which case it's still hard to blame the courts.
sbuttgereit 3y ago
Obama signed a fair number of executive orders (277) and was not really checked either. Trump was certainly on track to significantly outpace that count, he was simply continuing a trend of overusing executive orders to achieve what really should have been legislation. This abuse of power is completely bi-partisan. Of course, I could now say something to the effect of democrats having selective memory when it comes to talking about sort of thing... but that wouldn't useful, fully correct, or factual and these sorts of statements are much more self service than revealing outrageous truths.
- Der_Einzige 3y ago
  Obama's XOs were almost all constitutional. He was a constitutional law professor and Obama is unironically someone who should serve on the supreme court given his deep legal experience. The overwhelming majority of trumps meaningful XOs were not constitutional at all.

jonnycomputer 3y ago

I agree should have been; and agree that the Justices can be blind to their own contradictions, or that at times they start with the conclusion they want and seek a means to justify reaching it. Unfortunate. I tend to think that there are two justices who do that in particular most of all. That would be Alito and Thomas, who are, I believe, "movement judges". I haven't had enough time to evaluate the newest Democratic justices. Gorsuch has surprised on a few issues, for example. So has Kavaugnah in fact.

WalterBright 3y ago

As I recall, quite a few of Trump's EOs were overturned by the courts.

mrguyorama 3y ago

They did shut down some of his more blatant stuff, but he just spit out so many clearly absurd executive orders that even a genuine supreme court probably couldn't have kept up. But that's like his entire strategy: It's just a gish gallop

AnimalMuppet 3y ago

There was a lawsuit to stop that EO, which got rejected at Federal Court due to lack of standing. Those who filed the suit declined to appeal. The student loan thing got overturned by the Supreme Court - that is, it got upheld at the Federal Court level, same as EO 13771 did. The difference is that those appealing it kept fighting. So I'm not sure it's fair to blame the courts. Blame those fighting EO 13771 for deciding not to appeal. Or maybe they were right not to appeal, deciding that it was an unwinnable case, in which case it's still hard to blame the courts.

sbuttgereit 3y ago

Obama signed a fair number of executive orders (277) and was not really checked either. Trump was certainly on track to significantly outpace that count, he was simply continuing a trend of overusing executive orders to achieve what really should have been legislation. This abuse of power is completely bi-partisan. Of course, I could now say something to the effect of democrats having selective memory when it comes to talking about sort of thing... but that wouldn't useful, fully correct, or factual and these sorts of statements are much more self service than revealing outrageous truths.

Der_Einzige 3y ago
Obama's XOs were almost all constitutional. He was a constitutional law professor and Obama is unironically someone who should serve on the supreme court given his deep legal experience. The overwhelming majority of trumps meaningful XOs were not constitutional at all.