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Posted
27 minutes ago, TwiceHorn said:

If the rationals ever get power back, they need to purge all presidential emergency powers and/or put guardrails on them and provide for judicial review of those guardrails.

Emergency powers.... Being used to seize power from a democratic government?

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Posted
2 hours ago, TwiceHorn said:

If the rationals ever get power back, they need to purge all presidential emergency powers and/or put guardrails on them and provide for judicial review of those guardrails.

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Posted

Any democracy fails when one party fails to follow the norms that exist outside the laws and processes. Judicial review? Meaningless when one party is all in on deferring to their god-king. 

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Posted
14 minutes ago, David Dennison said:

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You know right now the excuse for even some of the lower courts is that when the pres is given unfettered emergency discretion, the courts can't review it?

Even when the "emergency" is clearly counterfactual.  Although the Fifth Circuit just couldn't bring itself to do it.

Posted
17 minutes ago, TwiceHorn said:

You know right now the excuse for even some of the lower courts is that when the pres is given unfettered emergency discretion, the courts can't review it?

Even when the "emergency" is clearly counterfactual.  Although the Fifth Circuit just couldn't bring itself to do it.

2 things.

1. “Can’t” is now a meaningless word in this context. Courts can do whatever they want. Lower courts choose not to review for various reasons. Sure one reason is they know they’ll be overturned based on a facial analysis by any higher court. But, given that DOTUS is acting like an autocrat, even a short-lived ruling highlighting the executive’s evil has value, even if just to not go down quietly. 

2. Stop with the “but ackshually” shit. I get it. We’re trained to think this way. But the end of the world as we knew it has come. We must unlearn what we have learned if there’s any hope for the experiment. Gotta get your mind ready for war. 

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