In a sense, we see this all the time on the pro-life side from the states: enacting clearly unconstitutional laws under current precedent in an effort to activate their political base and focus its ire at a specific institutional target. And it’s gonna pay off for that movement.
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Diff here is that there actually isn’t any SCOTUS precedent foreclosing Biden’s more targeted eviction ban. There’s just a shadow docket concurrence from one justice saying he would side next time with his four fellow conservatives in dissent. That’s a clear signal, but not law.
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Still, lower courts, like the White House, can count to five. They’ll block the new ban as soon as the first lawsuit reaches their courts, then the appeals courts won’t issue a stay, and neither will SCOTUS.
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And Dem judges at all levels will likely agree, blunting the force of any political punch Biden and Cong Dems hope to throw against SCOTUS, unless Dem judges all the way up blame their own decisions on the SCOTUS cons.
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Gah he’s right and I knew this but such are the dangers of tweeting federal legal analysis in between local political live hits. But the factual distinction is this case is without an analytical difference so whewhttps://twitter.com/jadler1969/status/1422688734282240001 …
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me likey.
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Yeah so this isn’t what he ran on and I don’t like it.
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What didn't he run on?
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Me too…I likey
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Not sure how anyone in good faith could believe that it is lawful... Article II, Section 3 of the Constitution requires the President to “take Care that the Laws be faithfully executed.”
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