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Precisely. That's two examples of SCOTUS restraining the lower courts from imposing constraints before harm had happened. That's what I mean regarding the court
by shadowgovt 1y ago
Precisely. That's two examples of SCOTUS restraining the lower courts from imposing constraints before harm had happened. That's what I mean regarding the court generally not having the authority to act preemptively.
- Eddy_Viscosity2 1y agoThese were actually examples of courts imposing blocks to prevent harm, but the SCOTUS over-riding them, without any legal justification! Consider the same SCOTUS and its block on Biden's student loan relief. A notable example because the president has clear authority to waive or modify the loans. But it was blocked.
- anigbrowl 1y agoYou're correct, but this policy is to enshrine a legal doctrine (rather than a statutory requirement) that harm must be allowed to occur - apparently without regard to the predictability or scope of the harm. It's like a trolley problem where one track has a large number of people about to be crushed by the trolley car, while the other track is completely empty - and SCOTUS arguing that the lever can't be pulled to divert the trolley because the accident hasn't happened yet.