Great post. I think the "take care" provision of the Constitution gives the president and his department heads broad authority to police bureaucratic and agency actions. The take care clause says the president must take care that the laws be "faithfully" executed. Much of what the administrative state is doing is unfaithful execution of the laws. When a case gets to the Supreme Court maybe it should hold that temporary restraining orders, as opposed to temporary injunctions, cannot be used to restrain executive action. Jim Dueholm
I thought TRO's were designed to be extremely temporary only until both parties can be heard on a request for a preliminary injunction and only on a showing that irreparable harm will be caused if there is any delay whatsoever. Classic case would be knocking down a building. The very issuance of a TRO in these cases seems to be illegal. The leftist judiciary itself is going to destroy the diamond of our system, the independent courts. Because as you say Trump is going to ignore them. And then Trump appointer judges are going to start doing the same thing and down we go. It seems there is no norm the Democrats won't upend. And they wonder why Trump is president.
Great post. I think the "take care" provision of the Constitution gives the president and his department heads broad authority to police bureaucratic and agency actions. The take care clause says the president must take care that the laws be "faithfully" executed. Much of what the administrative state is doing is unfaithful execution of the laws. When a case gets to the Supreme Court maybe it should hold that temporary restraining orders, as opposed to temporary injunctions, cannot be used to restrain executive action. Jim Dueholm
I thought TRO's were designed to be extremely temporary only until both parties can be heard on a request for a preliminary injunction and only on a showing that irreparable harm will be caused if there is any delay whatsoever. Classic case would be knocking down a building. The very issuance of a TRO in these cases seems to be illegal. The leftist judiciary itself is going to destroy the diamond of our system, the independent courts. Because as you say Trump is going to ignore them. And then Trump appointer judges are going to start doing the same thing and down we go. It seems there is no norm the Democrats won't upend. And they wonder why Trump is president.