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This particular consent decree would a give judge binding control to enforce whatever the White House says. The ADA is, in important contrast to this situation
by Avshalom 2y ago
This particular consent decree would a give judge binding control to enforce whatever the White House says.
The ADA is, in important contrast to this situation, a law.
- tptacek 2y agoAs I said: it gives a judge binding control, not the White House.
- Avshalom 2y agoA distinction with out a difference because this is entirely about whether Columbia agrees to do whatever the White House says it has to do.
- tptacek 2y agoNo. The consent decree will be agreed to ahead of time, and a judge will interpret and police it. It isn't an arbitrary delegation of authority to the executive branch. We'll have to wait and see what the consent decree says to evaluate it further.
- wredcoll 2y agoGood point, we'll just have to wait and see if the people with the proven history of bad faith and process subversion will subvert it this time, too bad there's no way to know ahead of time!
- tptacek 2y agoNo. I know this is an emotionally satisfying thing to say, but, again, my point is that a federal judge administers the consent decree, so the White House can't simply go back and say "gotcha, we meant XYZ, not ABC" a year after agreement is struck. The administration also doesn't generally get to pick the judge. Given where Columbia is, it would presumably be a random SDNY judge.
- Tadpole9181 2y agoA very important detail: Who picks the judge?
- tptacek 2y agoThe court district itself, but generally: it's random (within the district).
- rickydroll 2y agoIf we could listen into the consent degree negotiations, I would expect something like.. https://www.youtube.com/watch?v=cNZKUozrBl4 https://www.youtube.com/watch?v=cNZKUozrBl4