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And what happened next in those cases? Was the inconsistency resolved? How is there less room for inconsistency now? If a judge has said five plaintiffs can p
by majormajor 1y ago
And what happened next in those cases?
Was the inconsistency resolved?
How is there less room for inconsistency now? If a judge has said five plaintiffs can play on a certain sports team in one jurisdiction, now the sports administrators need to know every ruling in every jurisdiction that their league functions in?
What makes you think "reform" is going to happen here? Have you read much of the material pushing for increased executive power on the right? It's very clear that the goal is solely to remove impediments to stretch executive power to the point that executive power decides what the law allows.
- firesteelrain 1y agoNo, all of these cases are not resolved to this day Title IX issue is not resolved. Public charge rule resolved itself because the Biden admin rescinded the rule. But not before creating mass confusion. Trump travel ban was resolved by SCOTUS as valid once Trump modified the ban The point is that nationwide injunctions from different district courts created that chaos in the first place, often forcing rushed Supreme Court intervention just to untangle conflicting orders
- ImPostingOnHN 1y agoI don't see any of the "chaos" you're talking about: the examples you give are of the system working as expected.
- firesteelrain 1y agoIf "working as expected" means conflicting nationwide orders from different judges, policy whiplash across states, and emergency SCOTUS intervention just to sort it all out.. then that’s exactly the kind of chaos the Court is trying to fix
- ImPostingOnHN 1y agoYes, that is working as designed. It is the design chosen because it is better than the alternative of hundreds of conflicting orders leaving innocent people unprotected. This will obviously increase the number conflicting orders by several orders of magnitude, but either way: the conflicting orders are what we want to happen, because it errs on the side of caution. The fact that some courts disagreed didn't negatively affect me at all. Where was all the "chaos" caused by courts disagreeing? "Policy whiplash"? lol. Might as well go full ridiculous and call it "policy murderdeathkill" or something, that sounds much scarier.
- firesteelrain 1y agoIt’s not about sounding scary. It is about whether our legal system should allow a single district judge to set nationwide policy even when their ruling conflicts with other courts, before the issue has been fully litigated through appeals What you are advocating for is legal uncertainty at scale. The new limits push legal questions upward through appeals rather than outward through conflicting orders and ensure national issues are resolved by courts with the authority to decide them.
- ImPostingOnHN 1y agoMore importantly, it is about whether our legal system should allow a king to set nationwide policy even when their orders conflict with the constitution. A president getting to do literally everything he wants, whenever he wants, as fast as he wants, regardless of legality, is plainly less important than preventing the above from happening. What you are advocating for is a king. The new limits allow a king-president to illegally harm people potentially indefinitely, until every single person, or at least each individual district, successfully individually files suit to stop him, or until a supreme court gets around to stopping him (years? decades?) That's obviously way worse than some scary sounding bureaucratic metaphor like "legislative whiplash" which doesn't actually harm me at all. The concern about "legal uncertainty" is a joke compared to actually abusing people and sending them to a gulag without due process > national issues are resolved by courts with the authority to decide them. Every court has the authority to decide if an action is unconstitutional. The only thing that changed is that the executive is now free to continue that unconstitutional action until ~300 million people successfully challenge it in ~100 districts. Obviously that is worse, and more "chaotic" than pausing unconstitutional harm to people while the issue is resolved. Especially because it means ~100x more conflicting nationwide orders from different judges.