Subject: Re: What I Really Think
Well said. Probably a little to dramatic, but also not out of the realm of possibilities and surprisingly close to what I have been thinking about the past few weeks.

I am very interested in seeing how the Supreme Court is going to rule on a couple of cases:

1. Birthright citizenship. As Albaby so eloquently described in a thread from a few days ago when he was trying to teach a pig to sing, I mean educate Dope on the law, the Constitution and the law are very crystal clear on this subject. It should be one of the most slam dunk cases ever to hit the Supreme Court. The case isn't just about precedent (which this SC has shown it will eagerly overturn), the words of the Amendment clearly say what they say and are almost impossible to interpret legally any other way.

In any even slightly sane world, the SC would rule 9 - 0 against Trump's executive orders. In fact, in any slightly sane world, the SC probably doesn't even take the case and lets the lower courts decision to shut this down stand. If anything, the only reason the SC should take the case is to reinforce the Constitution. That said, we are not in an even slightly sane legal world. This SC has regularly ignored words or facts it finds inconvenient. However, I think even if this SC takes up the case I am fairly sure Trump loses handily. It wouldn't surprise me, if Thomas or Alito supported Trump, but I think even for them it would be a bridge too far. I would bet 9-0 but expect at least 7-2.

2. The power of the purse. There are quite a few cases that will be making their way to the SC concerning how Trump has taken the power of the purse away from congress for himself. I will be genuinely curious to see how the SC rules on these. Now it is clear to most that Trump's actions are unconstitutional. He doesn't have the power to close a congressionally mandated USAID, or a Department of Education, or what not. He doesn't have the power to spend funds (his September buyouts of federal employees) that haven't been appropriated by congress yet (current congressionally approved spending only goes through March). Now even though this should be another slam dunk ruling, there is a lot more wiggle room and places for the SC to make up law where it doesn't exist. I wouldn't be surprised to see some justices support Musk/Trumps actions where they shouldn't by any sane reading of the constitution, especially in some of the murkier cases. Overall though, I still have to think that the SC will rule against Trump in all of this. This Court has been spending the past two decades trying to weaken the Presidency versus congress on things like spending and regulation. For some or the conservatives, continuing that would mean more to them than backing Trump. Furthermore, they would have to be concerned about keeping the balance between the three branches of government intact, because if they let the Executive branch usurp the constitutional powers of the legislative branch, the judicial branch would then soon follow. Even they would know this.

That said, I would have never imagined in a million years that legislators like McConnell, Graham, Thune, Scott, etc. would willingly give up the power of the purse to the executive branch so easily, yet here we are. Tim Scott was asked the other day about Trump usurping the power of the purse from the legislature and his answer should make jaws drop. I don't have his exact words, but it was to the effect of 'This is a newer different way of doing things'. He quickly realized how horrible and weak that answer was so he tried to walk it back by then saying that if the president really did try to usurp the power of the purse from the Legislature, he would be one of the first to stand up against it. However the President has done so and he still hasn't spoke up against it, in fact his initial answer was to support it.

Point is, if the legislature is so willing to give away their powers so easily, why would the judicial branch be so different? So the Supreme Court can still meekly surrender to Trump. The legislature already has.

Then there is a final point to be made. Let's say the SC does find some sanity and rules against Trump in all of these cases. What if Trump doesn't care what the SC says and continues to do whatever it was he was doing? It is clear the legislature is not going to hold him accountable. The Supreme Court doesn't actually have any power or means to enforce their decisions. The SC could rule Trump cannot close the Dept. of Education without congressional approval and must spend the money on whatever congress deemed it be spent on. Trump then ignores the ruling and continues on firing DoE employees and not following the law. Congress clearly doesn't have the backbone to hold him accountable and the SC doesn't have the means.