this post was submitted on 29 Aug 2025
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Politics

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[–] The_Che_Banana@beehaw.org 22 points 2 months ago (5 children)

what the fuck nonsense is this:

court: you're doing illegal stuff, but we're gonna allow you to keep doing it until your buddies higher up from me give it the A-OK!

....so is it illegal or fucking not?

[–] megopie@beehaw.org 6 points 2 months ago* (last edited 2 months ago) (1 children)

For one court to come to this conclusion and then enforce a large scale national policy shift, even temporarily in the case of the ruling being over turned by a higher court, is a pretty jarring exercise of power by an unelected official over an elected one.

Of course, if it is confirmed illegal by higher courts, then it is with in the checks and balances to order civil servants to stop collecting the tariffs even if the White House orders them to keep doing it.

There are of course situations, particularly concerning the violation of people’s civil liberties, where such a halt order is entirely warranted even if it is jarring. But the White House abusing a vague power to collect additional taxes on imports, while harmful and disruptive, is not as directly harmful or destructive as people getting black bagged or having their citizenship revoked, where a an order to stop from a lower level judge until the policy is reviewed at a higher level, is entirely warranted.

[–] TehPers@beehaw.org 5 points 2 months ago (1 children)

For one court to come to this conclusion and then enforce a large scale national policy shift, even temporarily in the case of the ruling being over turned by a higher court, is a pretty jarring exercise of power by an unelected official over an elected one.

This pretty much sums up Biden's presidency. SCOTUS finally realized it was BS conveniently when the Dems tried the same tactic against Trump.

Also, elected vs unelected doesn't mean a whole lot at this point. It's hard to call what we have "elections" given that we're only presented a couple of options at most, and despite that, there aren't really special distinctions between the powers of an elected vs appointed official outside of what their roles are.

[–] Powderhorn@beehaw.org 7 points 2 months ago (1 children)

More specifically, we're given the options that the RNC and DNC give us. We should have a national primary on the same day nationwide ... the current system allows for way too much money to be thrown around when Iowa doesn't go the committees' way.

I'm sorry, but I don't give a shit what Iowans want in a presidential election. And yet ...

[–] megopie@beehaw.org 1 points 2 months ago (1 children)

The thing about primaries is that they’re largely internal affairs of parties. That’s why things like super delegates can exist. Like states do make laws regarding them, but there isn’t much actual legal framework about them.

Changes to them mostly are handled with in the respective party structure. Federal legislation regularizing them would raise some legitimately interesting legal questions.

[–] Powderhorn@beehaw.org 3 points 2 months ago

We are, after all, in an era of interesting legal questions.

[–] artyom@piefed.social 4 points 2 months ago (1 children)

When you're President they let you do it.

[–] Powderhorn@beehaw.org 1 points 2 months ago (1 children)
[–] artyom@piefed.social 1 points 2 months ago

He's not even that rich

[–] ShellMonkey@lemmy.socdojo.com 4 points 2 months ago

Staying an order pending judicial review isn't uncommon, particularly if it's on matters far beyond the influence of that court.

That said, it's not like this admin cares what any court says anyhow. The scotus could say in plain as day language 'no you for sure can not do that' and it'd get brushed off as irrelevant somehow.

[–] Powderhorn@beehaw.org 4 points 2 months ago

Schroedinger's illegality.

[–] HumanPenguin@feddit.uk 1 points 2 months ago

Courts do not control the police. Or army.

As far as a president is concerned. Congress followed by the Senate. Is the only organisation with any ability to control him.

And the US has seen. They have to be politically willing at both houses to have any effect.