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Still, why would the Supreme Court write such a writ? The courts seem to be following correct procedure, and it doesn’t matter if the Supreme Court or a lower c
by yladiz 2y ago
Still, why would the Supreme Court write such a writ? The courts seem to be following correct procedure, and it doesn’t matter if the Supreme Court or a lower court is the one to decide, the executive branch is still beholden to the decision, so I don’t really get the point about a bigger constitutional crisis if the executive doesn’t listen anyway, since there’s still the same crisis.
- nimish 2y agoIf the executive decides to not enforce judicial orders since it feels like they are unfairly applied that is basically the total breakdown of the rule of law. That's what is likely to happen if the courts enjoin without discretion. It's what Jackson did to SCOTUS under Marshall. Article III allows for congress to simply remove the ability for the lower courts to bind the executive at all. That'd be the biggest legal issue in centuries.