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Re: SCOTUS Zig-Zags on National Injunctions Vs. Democracy, Birthright Citizenship 

By: De_Composed in GRITZ | Recommend this post (1)
Fri, 16 May 25 5:41 AM | 12 view(s)
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Msg. 08384 of 08413
(This msg. is a reply to 08378 by monkeytrots)

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Re: “Congress, and Congress alone (with Presidential final yeah/ney input) has the CONSTITUTIONAL AUTHORITY to set up 'lower courts' and what they can do. NOT THE SCOTUS.”
Clearly, that's not right - because while Congress can ATTEMPT to set up lower courts and what they can do, the SCOTUS can say "Oh no you don't!"

Indeed, the SCOTUS is the only governmental body that can look at the lower courts that Congress established (and a prior President signed) and state that those courts have exceeded the authority Congress bestowed upon them long ago and which the SCOTUS of long ago approved. The SCOTUS of today can say "We (and the law) do NOT permit lower (i.e. "limited") courts to issue injunctions with national scope." And I sure hope that's what they say.






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The above is a reply to the following message:
Re: SCOTUS Zig-Zags on National Injunctions Vs. Democracy, Birthright Citizenship
By: monkeytrots
in GRITZ
Fri, 16 May 25 4:09 AM
Msg. 08378 of 08413

Fox guarding the Hen House - SCOTUS being considered in any way, shape, form or manner the body that should be deciding the limits (if any) on lower courts being able to issue nationwide injuctions.

Congress, and Congress alone (with Presidential final yeah/ney input) has the CONSTITUTIONAL AUTHORITY to set up 'lower courts' and what they can do. NOT THE SCOTUS.

Has everyone forgotten: COURTS ARE NOT DEMOCRACY.

The very idea that the OPINION of ANY JUDGE can be substituted for the 'We the people' is not only repugnant, but is also dangerous.

And yes, it behooves one to remember that even rulings from SCOTUS are simply a majority OPINION of only 9 unelected potentates. There really is no three-branch balance involved when it comes to SCOTUS - with their lifetime appointments and no accountability to either Congress, the Executive Branch or the states.

Removal through Impeachment of a SCOTUS judge has been and will continue to be a toothless tiger - it is not a 'check nor balance' on the power of SCOTUS, much less of the lower court lifetime potentates.


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