09-03-2022, 05:36 PM
Ted King wrote:
I think this is one of those cases where the legal lines are not entirely clear and there will probably be lawsuits claiming that the president can't do what he is doing. IOW, I suspect this something that will have to be decided by the courts and it could go either way. Just my guess.
Actually, this is one of those cases where someone will file suit just because it will slow things down. If it is in the fifth circuit, then a judge will rule it unconstitutional because of Biden. Then it will go to the three-judge appeals court, which will uphold the district judge for the same reason. Then the full court will decline to hear it, and in two years SCOTUS may or may not take it up. If they do, they will put off a ruling until the end of the term. If Biden is reelected they will rule against him, if the GOP is elected, they will rule in favor of the executive branch. If that happens, the executive branch will rescind the order.
Just call me cynical