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Marc Elias reports that a Federal Court has granted a sweeping nationwide injunction against Trump DEI executive orders finding that they violate First and Fifth Amendments to the Constitution.
Just because this is going to come up again as the Trump dictate that only the President and Attorney General can determine what law means....
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There’s really nothing to hollow out. The decision in Marbury had to do with a toll bridge dispute I think, it’s just a tradition all that needs to be done is to stop following it. I can’t see even this court voting to make themselves irrelevant, all that’s left to them is cases involving ambassadors and disputes between states.I can see the Roberts Court hollowing out Marbury.
And I think that it is where he is starting and why.
Basically, he intends to get rid of the judiciary as an independent and equal branch of government.
If Trump ever brings up Marbury I’ll be a lot more afraid than I am now. Truth be told if I were a power hungry narcissist trying to do what Trump is attempting Marbury is where I would start. The fact that they haven’t gives me some hope that they will eventually obey the courts and are moving so fast now to get done what they can before courts fully step in. Radical as this group is they don’t act like revolutionaries and appear to want to work within the system while certainly stretching its bounds.
Were it the case they were more revolutionary and were willing to tear the system down they would not necessarily obey the courts with Trump declaring his interpretation of the Constitution is as valid as the courts and this is where Marbury comes in because Marbury is where it became the job of courts to decide what the law means. It’s a tradition not part of the Constitution.
With Trumps ability to sling the bull I can just hear him proclaiming ‘I am returning the courts to the role that the founding fathers intended them to have’ If Trump is the one who says the law means then it’s truly over.
I can’t think of a reason why the above scenario is either illegal or unconstitutional.
It stinks to live in interesting times.
I kinda think it is in the Constitution:
Article III.
Section 1
The judicial Power of the United States, shall be vested in one supreme Court,
and in such inferior Courts as the Congress may from time to time ordain and
establish. The Judges, both of the supreme and inferior Courts, shall hold
their Offices during good Behavior, and shall, at stated Times, receive for
their Services a Compensation which shall not be diminished during their
Continuance in Office.
Section 2
The judicial Power shall extend to all Cases, in Law and Equity, arising under
this Constitution, the Laws of the United States, and Treaties made, or which
shall be made, under their Authority; to all Cases affecting Ambassadors, other
public Ministers and Consuls; to all Cases of admiralty and maritime
Jurisdiction; to Controversies to which the United States shall be a Party; to
Controversies between two or more States; between a State and Citizens of
another State; between Citizens of different States; between Citizens of the
same State claiming Lands under Grants of different States, and between a
State, or the Citizens thereof, and foreign States, Citizens or Subjects.
Where does it give courts the power to interpret laws?
It lists all their powers in Section 2 but not a word as to what the law means.
