Comment by ethbr1 | Hacker News Reader

Comment by ethbr1 | Hacker News Reader

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> and (importantly) the supreme court has upheld this stance

Caveat: on a preliminary basis in most of the decisions

Important to differentiate SCOTUS saying "there isn't a compelling reason to block this power before we decide" and "here's our decision about the legality of this power"

Rough summary of current state: https://www.pbs.org/newshour/politics/after-courts-hampered-...

I'm half-curious if Roberts is playing for time to avoid a constitutional crisis, figuring it's better to cede a temporary power (and avoid the executive stuffing the bench or whatever insane shit they'd try) than to cast it in case law. Not great for the rule of law, but I can see the realpolitik (which Marbury v. Madison shows has always been a consideration for inter-branch squabbles)

I presume that the court knows what it is doing, which is playing a partisan game. Last administration it invented a whole new legal doctrine (major questions) to fabricate a way to block the biden agenda, this administration it is doing its best to give the trump administration a huge amount of power _without_ ceding that power indefinitely to the next administration via precedent.

The Roberts courts is in on this. They know Trump won't last forever and when he's gone, they get Vance to carry on with their Dominionist project. People need to stop thinking that the branches are playing realpolitik games... the various Republicans are either all in on Christofascism or they're fooling themselves that they're not, or they're too spineless to fight back.

Yeah, I think too many people (especially dem leadership, but also a lot of centrist Republican voters) are waiting for things to "go back to normal."

There's a kind of mental trap (Frances Fukuyama and the end of history) where you consider the modern liberal capitalist democracy an attractor state of such strength that anything like the current admin is a temporary aberration,that we can wait it out.

And just like the market can remain irrational longer than you can remain solvent, I think the populist demagogue class can retain power longer than the liberal institutions can endure. I certainly hope I'm incorrect about this.

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