Overall good piece on Kris Kobach’s incompetence. A few puzzling lines though. https://www.nationalreview.com/2020/08/kris-kobach-is-an-incompetent-loser-who-loses-and-that-is-why-democrats-want-him/ …pic.twitter.com/zfvfN51psU
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One, most of these cases are decided in the lower federal courts (where that policy got rough treatment). Two, Trump v Hawaii involved a very longstanding federal statutory delegation by Congress.
To both of your points: President has ~unlimited power to block anyone according to SCOTUS. Any lower court TRO isn’t even a footnote by comparison. Kinda amazing for a power that isn’t even enumerated.
The Congressional power is explicitly enumerated, plenary, & explicitly delegated by statute. Now, I'd be happy to see SCOTUS put more teeth in the nondelegation doctrine, but it hasn't. And for all that, it was 5-4.
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