It’s a failure of the system as a whole. If the rights are described as inalienable as a fact of the law then any president who tries to take those rights away should ideally be stopped by the courts.
Instead we have courts that say “hmmm it’s pretty clear they can’t do this so how can I make up some absolute nonsense to say it’s totally ok for them to do it…”
It’s a failure of the system as a whole. If the rights are described as inalienable as a fact of the law then any president who tries to take those rights away should ideally be stopped by the courts.
Instead we have courts that say “hmmm it’s pretty clear they can’t do this so how can I make up some absolute nonsense to say it’s totally ok for them to do it…”
It is worse than that. The shadow docket is pretty much the judicial version of “neener-neener, I can’t hear you!”