aggiehawg said:
Get Off My Lawn said:
The supreme court needs to break convention and shut this all down. Their inability to respond to real time non-reversible dictates is being exploited.
That can work in both ways. Be cautious on that. SCOTUS cannot issue advisory opinions.
But the Court can issue statements. Not about how they might rule but about past case law and their disinclination to overrule stare decisis, without a particular fact situation that is ripe for actual controversy.
I don't like it at all but too much damage can occur before SCOTUS can act according to their and the appellate rules.
I'm thinking of a fast-track for non-legislated action. If the executive does something beyond the scope of their branch (or fails to that which is directed) then I'd be fine with the court stepping outside of their construct to issue an appeal to demonstrate jurisdiction.
Here's how I see it playing out:
A. Brandon says they've got a spray vaccine and signs an order to release it immediately.
B. Nobody can show material damage until AFTER this act, so the court would normally sit on their hands, but because of the nature of the situation instead convene immediately to issue a restraining order.
C. The admin files against the restraining order and the states or people get a chance to issue their legal argument that said action is out of the scope and jurisdiction of the fed.
D. If the people/states win over the fed, then the unilateral fed action is sunk and they need to get the legislature to pass a law facilitating nation-wide spraying in order to move forward with their plan.
Sure - be careful what you wish for - but these executive orders and oversteps have gotten out of hand.