Supreme courts two most disturbing proceedings against Donald Trump

According to the legal site, there are many proceedings to contest the allegedly illegal actions. It's a lot to follow.

However, two questions raised by some of these combinations are distinguished as prevailing over the most blatant violations of the Constitution, and therefore in matters of particular attention.

One is the question of whether Trump can simply cancel federal expenses which are mandated by an act of congress, a question known as the fodder. As the future William Rehnquist chief wrote it in a service note from the 1969 Ministry of Justice, it is in our opinion extremely difficult to formulate a constitutional theory to justify a refusal of the president to comply with a Congress Directive to be spent.

The other problem is the citizenship of the right of birth. The Constitution is absolutely clear that anyone born in the United States and subject to their laws is a citizen, whatever the immigration status of his parents. As a judge appointed by Reagan said that Trumps tries to go beyond the citizenship of certain Americans born in this country, I have been on the bench for more than four decades, I do not remember another case where the question presented is as clear as it.

The current Supreme Court is not only far right, it is alarming partisan. The courts have spent the past few years resolving the old grievances, opening up of old decades that the republican party has long found reprehensible. He even judged that Trump, the leader of the Republican Party, is authorized to use his official powers to commit crimes.

It is therefore reasonable to worry that a majority of judges will simply do all that a republican administration wants them to do.

This is why the cases of citizenship and restraint of the birth right are so important Belwethers. No competent lawyer, and certainly no reasonable judge, could conclude that the actions prevail in both cases are legal. There is no serious debate on what the Constitution says about one or the other of the questions. If the court governs in favor of Trump in both cases, it is difficult to imagine the judges offering any significant perspective to everything that Trump wants to do.

Fortunately, there are early signs that it will not happen. On the issue of fodder, the Supreme Court recently rejected Trump's request for administration to block an order from the lower court forcing the administration to make around $ 2 billion in payments to foreign aid organizations.

The vote was 5-4, and the decision of the courts probably turned an reckless error by the lawyers of Trumps. However, even a small defeat for Trump indicates that most judges are not so eager to bail out the leader of the Republican party that they will jump on the first opportunity to do so.

Similarly, three cases raising the question of the citizenship of birth law recently landed on the emergency requests for the shadow of the courts and similar questions decided, often very quickly, outside the normal court schedules. Until now, the courts have only rendered brief prescriptions indicating that the judges will not even start to consider the case until April 4 at the earliest, more than three weeks after the Trump administration asked them to intervene.

It is not a final sign that citizenship of the right of birth is safe, but the fact that the court decided to wait three weeks before examining the orders of the lower courts which protected citizenship from the right of birthday suggests that most judges do not take the arguments of Trump administrations very seriously. If they had done so, they would probably have heard the business earlier in the foreign aid case where four judges raged with Trump, for example, the complainants received only two days to respond to the arguments of the Ministries of Justice.

The legal arguments for the impoundment are really, really bad

Trump claimed the radical authority to cancel the expenses allocated by the Congress, in particular the dismantling of entire agencies such as the American Agency for International Development (USAID). He also published an executive decree claiming to go beyond the citizenship of many children born to undocumented mothers or to parents temporarily present in the United States. Until now, the courts have dealt with these two actions with skepticism as they should because they are clearly unconstitutional.

Rehnquist the disdainful answer to restraint speaks of itself. There is simply nothing in the Constitution which supports the argument that the president can seize the funds that Congress orders him to spend. Indeed, the only language of the Constitution which seems to speak of this question cutting against Trump. Among other things, the Constitution indicates that the president will take care that the laws are faithfully executed. The president therefore has the duty to faithfully execute any law providing for federal expenses.

It is worth noting that at least two of the republicans of the courts previously expressed skepticism as to the restraint. Judge Brett Kavanaugh wrote in a 2013 notice that even the president does not have the unilateral power to refuse to spend funds appropriate by the Congress. And Roberts wrote in a memo of the White House of 1985 on the supply that no zone no longer seems clear the province of Congress than the power of the bag. (Although it should be noted that Roberts also suggested, in an attachment to this note, that the president may have greater authority on expenditure relating to foreign policy.)

The legal arguments against the citizenship of the right of birth is even worse

The case for citizenship of the right of birth is even simpler. The fourteenth amendment provides that all people born or naturalized in the United States, and subject to jurisdiction, are citizens of the United States and the state in which they reside. Someone is subject to American jurisdiction if the federal government can enforce its laws against this person. Undocumented immigrants and their children are obviously subject to American law, otherwise they could not be arrested or expelled.

As the Supreme Court was held in the United States c. Wong Kim Ark (1898), the subject of an exception of jurisdiction to the citizenship of the birth law is close and applies mainly to children diplomatic representatives of a foreign state, who have diplomatic immunity from American law, as well as children born of foreign enemies in hostile occupation.

At least three courts have issued orders blocking Trumps' attack on the citizenship of the birth law. In a memory asking the Supreme Court to reduce these orders, the Trump administration affirms that the word jurisdiction actually means allegiance. So someone is not a citizen if he does not owe the main allegiance to the United States rather than an extraterrestrial power.

But there are two reasons to doubt that even the Trump administration agrees with this argument. The first is that the borrowing of the executive claims only to go beyond the citizenship of certain children born of foreign nationals, a child of two legal permanent residents, for example, remains a citizen. But if the fourteenth amendment does not apply to anyone who owes primary allegiance to foreign power, this would mean that all the children of foreign nationals should be stripped of their citizenship. The Constitution makes no distinction according to that parents of children are legally present in the United States, and does not draw lines according to the question of whether these parents are temporary or permanent residents.

The second reason is that, in his memory to the judges, the administration does not even ask the court to fully restore the order of citizenship of the right of birth. Instead, he asked the court to reduce the decisions of the lower courts so that they only apply to complainants in specific prosecution contesting this order. If trumps the lawyers thought they had a winning argument, they would certainly have asked the judges to consider the advantages of this case.

The question of whether the judges of the lower courts can issue what is called national injunctions, an order which suspends a federal policy in its entirety rather than allowing the complainants in an individual case to ignore this policy, has persisted for a certain time. It is these orders that block the attack on Trumps against the citizenship of the dawn. Trumps The Ministry of Justice prompted the court to limit these national injunctions during its first mandate, as is the Biden administration. But the court has so far allowed some of these orders to stand at least.

Although there are strong arguments against these national injunctions, the court has resisted efforts to limit them for years. It would be quite absurd that the judges suddenly decide to go beyond the lower courts of their power to issue these orders on a national level in the affairs of the right of birth, where the arguments of the prevail on the merits are frivolous.

In any event, the only external sign that the judges gave concerning their opinions on the citizenship of the dawn suggests that Trump will lose. When the Ministry of Justice asks the judges to suspend a decision of the lower courts, one of the judges generally requests from the other party in the case of responding to this request for a short deadline as little as a few days, and rarely more than a week. In this case, however, the court gave the complainants complaining in favor of the citizenship of the birth right for three full weeks to respond.

As long as the court is doing nothing, the orders of the lower court blocking Trumps' attack on the citizenship of the right of birth. And judges are unlikely to do anything until they read the complainants' response. Thus, by sticking this case for an additional three weeks, the judges made sure that the pre -winning decree does not penetrate so early.

All of this suggests that the Supreme Court seems unlikely to support Trump on his two clearest violations of the Constitution. This does not mean that this court will act as a significant control over many assets of other illegal actions. But this suggests that at least certain members of the republican majority of the courts will sometimes say not to the leader of their political party.

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