“At this preliminary stage, the government has failed to identify a source of #authority that would allow the #military to execute the laws in #Illinois,” the court said in its unsigned order.
And of course, Conservative Justices Samuel #Alito, #ClarenceThomas & Neil #Gorsuch dissented.
#Trump #law #immigration #military #NationalGuard #MilitaryState #MartialLaw #PosseComitatusAct #democracy #Constitution #RightToProtest #authoritarianism #autocracy #despotism #Sturmabteilung #WhiteSupremacy
Justices #ClarenceThomas & Neil #Gorsuch said they were eager to go further. The 1935 precedent, Justice Thomas wrote, “poses a direct threat to our constitutional structure &, as a result, the liberty of the American people.”
In its recent emergency orders, #SCOTUS has also signaled that it is now poised to give the president more direct #power over the multimember commissions as well.
#law #HumphreysExecutor #ActivistCourt #Trump #Autocracy #ExecutiveBranch #SeparationOfPowers #Congress 🧵
For the first time in the hearing, Justice #ClarenceThomas speaks. He had no questions for Trump’s Solicitor General John Sauer.
Thomas with the help of #Gorsuch asks whether #Congress can create commissions of multimember agencies with presidential secretaries at their top, with differing firing powers.
Pretty sure Congress just let out a collective groan at that prospect.
This would be asking them to restructure government.
“I wonder if you ever thought that your legacy as a constitutional advocate would be the man who revived the nondelegation argument?” #Alito asked of #Katyal, who served in the Obama admin.
Katyal was quick to respond. “Heck yes, Justice Alito. I think Justice #Gorsuch nailed it on the head when saying that when you’re dealing with a statute that is this open-ended – unlike anything we’ve ever seen – to give the President this power.”
#Katyal noted what appeared to be skepticism of the #tariffs from Justices Amy Coney #Barrett & Neil M. #Gorsuch, asserting that upholding Trump’s #tariffs would be “a one-way ratchet” of delegating power from #Congress to the presidency, adding “we will never get this power back if the government wins this case.”
#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
Justice #Gorsuch suggests that #Congress may have crossed a constitutional line in delegating too much authority to the president under the administration’s theory.
Gorsuch warns of “a one-way ratchet toward the gradual but continual accretion of power in the executive branch and away from the people’s elected representatives” in Congress.
#SCOTUS #law #tariffs #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
#Gorsuch has questions about both “major questions” & “nondelegation”. He is asking Sauer to provide limits on the broadest reading of the administration’s arguments in favor of #tariffs.
Sauer agreed that another, very different president would have the authority to declare climate change an emergency & impose tariffs to deal with it.
#SCOTUS #law #tariffs #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
#Gorsuch has mostly worried about #Congress giving away too much of its power to federal agencies. It’s unclear whether he’ll have the same reservation with the president involved.
#SCOTUS #law #tariffs #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
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