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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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.
Not true (see Chae Chin Ping), but let’s go back to your original point: The courts gave President unlimited authority to block anybody for any reason. Restrictionism rules in SCOTUS. Maybe some TRO somewhere blocks something small, but I’m correct on the major point.
If you strictly limit the discussion to SCOTUS and to federal rather than state policy and to federal policies explicitly grounded in federal statutes and to five of the nine Justices, OK. My point about the broad hostility of the federal bench to restriction policy stands.
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