pat34lee
Messianic
"The question of whether the President's EO was lawful or not is a wrong question.
The right question that should have been asked was whether Judge Robart had the authority to issue the TRO and whether the said TRO was legally binding to the President.
Suppose that Judge Robart had the authority to issue his TRO against the sitting president. There are about 2,700 federal district judges in the U.S., and if Judge Robart had the authority to issue his TRO, all the other 2,700 federal district judges would have the authority to issue a TRO against any President's EO as well. Should only a hundred of them decide to exercise such an authority broadly, they would de facto incapacitate the President to the point that he or she would not be able to preform most of his or her core constitutional duties."
Articles: On Trump's Immigration Executive Order, Wrong Question
The right question that should have been asked was whether Judge Robart had the authority to issue the TRO and whether the said TRO was legally binding to the President.
Suppose that Judge Robart had the authority to issue his TRO against the sitting president. There are about 2,700 federal district judges in the U.S., and if Judge Robart had the authority to issue his TRO, all the other 2,700 federal district judges would have the authority to issue a TRO against any President's EO as well. Should only a hundred of them decide to exercise such an authority broadly, they would de facto incapacitate the President to the point that he or she would not be able to preform most of his or her core constitutional duties."
Articles: On Trump's Immigration Executive Order, Wrong Question
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