New to me…”political question doctrine.” This explains a lot when looking at recent SCOTUS decisions.
“Political question doctrine” is the concept that yes, as a matter of law, the president’s factual assertions cannot be challenged and must therefore be presumed correct.
Based on this theory the crazy talk that Trump’s DOJ presents to SCOTUS isn’t viewed as absurd at all. Rather, just the opposite. The way the separation of powers has evolved over two centuries, the courts have the ability to rule on presidents’ interpretations of the Constitution and laws, but not on their assertions of fact.
So announcements that…
The US is in an “energy emergency” requiring that environmental laws be waived to speed up more oil drilling.
A trade emergency exists that permits the president to raise taxes on imports as he sees fit, without any input from Congress.
A “Southern border” emergency exists, which in the president’s view justifies deploying active duty troops for civilian law enforcement, despite a law prohibiting that.
The presence of foreign criminals in the US constitutes an ”invasion” that allows the president to capture suspected illegal migrants and send them to an active war zone in Africa or a Central American prison as he sees fit.
…all these assertions are taken at face value.
Except not one of these justifications is accurate.
Perhaps Trump issues an order in late summer 2028 finding that Venezuela or China or Canada or whichever country he is most angry at that day has been meddling in the presidential campaign, and that he is therefore declaring an emergency and postponing the scheduled election until such time as he can ensure its security, and what’s more, he will not reveal the evidence behind this claim because it is classified.
Under the political question doctrine, the courts have no business trying to ascertain the facts backing his assertions. What happens then?
I expect we’ll be finding out the answer to that question eventually.
Meanwhile the DOJ finally figured out how to do their job and return a wrongly deported immigrant to the US for due process. Except the due process so far seems to consist of the AG becoming judge, jury and executioner in the press, claiming he engaged in major criminal conduct. Shouldn’t that be for a jury to decide? Is this DOJ SOP?
P.S. Trump is also on the verge of declaring martial law in California. Are we watching another Kent State materializing?
The GOP Congress isn’t SCOTUS. You are allowed to use any powers of judgement remaining to you.
Will you? Ever again?
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