1. Four years from now, NYT says, another president can issue more executive orders & reverse Biden's. Sure, that's true. So should Biden sit tight with the Muslim ban, stay out of the Paris accord, etc., just bc four years from now these things may be undone?
2. NYT acknowledges that some of these EOs are necessary, as they erase Trump's "excesses." OK, you're onto something. See previous tweet.
3. NYT poses a false choice between issuing EOs and hammering out agreements with Congress.
Either/or?
No: both/and.
4. NYT implies that Biden has no legislative agenda and is trying to recover from the pandemic, from economic calamity and from frayed trust through EOs alone.
That's false.
5. NYT presents EOs as ephemeral and legislation as "permanent"—as if new congressional majorities or Supreme Court majorities have no capacity to rescind or review acts of Congress.
6. Worst of all, the editorial DOES NOT GIVE A SINGLE EXAMPLE OF AN EXECUTIVE ORDER BIDEN SHOULD NOT HAVE SIGNED.
So what, exactly, is the point?
In sum, yes, that's a very bad editorial. [END]
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NEW at SCOTUS: Emoluments clauses cases involving President Trump are dismissed as moot
A lot of people in the replies are upset and wondering how profiteering from the presidency could be moot after a president leaves office. It's a toughie. The q all along was what the remedy could be. Main one proposed: have Trump divest from his corporate holdings while prez...
But of course he's no longer president, so that is not necessary. He can profit all he likes now.
Weird takeaway: sometimes you can break a clear constitutional rule and get away with it.
BREAKING: Supreme Court denies emergency request from man with mental disabilities who has been in America for 42 years not to be deported to Haiti, his home country. Justice Sotomayor is the only justice to note her dissent.
Justice Sotomayor would allow Mr. Francois to remain in the country while he pursues his legal claim.
She argues that Mr. François will suffer irreparable harm if he is returned to Haiti, where he is unlikely to receive the mental health treatment he requires for his safety and well-being.
BREAKING: For the fourth time this week, the Supreme Court has voted 6-3 to clear the way for a last-minute federal execution before Trump leaves office. Justices Breyer and Sotomayor write dissents. Justice Kagan also notes her dissent.
Dustin Higgs has COVID-19 and will be executed tonight despite lung damage that could turn his lethal injection into an egregiously painful death.
Here is Justice Sotomayor’s closing.
Here is Breyer on the SCOTUS majority’s rush to execute
A case study in Chief Justice John Roberts's strategy for navigating politically fraught cases in the Trump era is about to come to a close not with a bang but—as Roberts apparently planned all along—with a whimper.
A thread on Trump v. Vance.
This case asked whether Cy Vance, the Manhattan DA, could subpoena Trump's accountant for 8 years of his tax and other financial records as part of an investigation into possible financial crimes.
Trump lost bids in lower courts to invalidate the subpoena and turned to SCOTUS.
In July, SCOTUS issued a 7-2 loss for Trump, saying that sitting presidents have no absolute immunity from criminal process. economist.com/united-states/…
BREAKING: by a 5-3 vote, Trump administration wins Supreme Court battle over whether women may receive abortion medication by mail during the pandemic. This case has been pending since July. The three liberal justices dissent. scotusblog.com/wp-content/upl…
Justice Breyer dissents but does not join dissent written by Justice Sotomayor. Justice Kagan joins the Sotomayor dissent which ends this way:
The dissent explicitly calls on the federal government to reconsider the FDA rule requiring in-person dispensing of abortion drugs. Presumably this reversal could happen quickly when the Biden administration takes over.