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The week's question
In December 2024, in the thread "Re: BRK: Why Not XOM?", BreckHutHigh asked the members: "What about the long road trips with kids?" This week it is put to everyone again. The button below opens the small thread re-asking it - read what others have said so far, then give your own answer as an ordinary reply.
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Halls of Shrewd'm / US Policy
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Author: albaby1 SILVER
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Number: of 84350 
Subject: Re: The Constitution is Unconstitutional!
Date: 08/25/26 7:38 AM
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So it binds federal workers, like the USPS, who is putting plans in place to not deliver mail-in ballots to states that haven’t turned in voter registration lists.

And if this Executive Order had actually directed the USPS to stop delivering mail-in ballots, then the states would have certainly been able to establish that the EO had created a live case or controversy sufficient to meet the jurisdictional requirements of the courts. But that's not what this specific EO says.

This isn't the SCOTUS saying that the States don't have access to the courts if they want to challenge the federal government from changing how mail-in ballots are delivered. They're saying that you can't bring that challenge at the point before the government has even drafted a proposed rule.

This is not an absurd position. In the legislative context, if a Congressional chair is considering legislation to do X, you can't walk into court and get an injunction to prevent him from even asking his LA to draft up a proposed bill, or to prevent the committee from even holding a hearing on the bill. If X is unconstitutional, the injunction is issued once the bill is actually passed. Once there's an actual action that the government has taken that would change the legal rights of the parties involved.

Stop defending a corrupt SCOTUS.

If a corrupt SCOTUS issues an opinion that 2+2=4, it doesn't become wrong just because they're corrupt. SCOTUS will issue scores of opinions each term on a host of matters, some controversial and some mundane - and they will get some of those opinions right, even if they're corrupt.

Even if you ultimately conclude that the majority was wrong - and that they acted with ill motive - it's still useful to understand what it was that the EO did and did not provide, and what the legal issues presented to the court were. I understand the points that the dissenters were making, but I also think the government has a point that these disputes don't actually ripen into an actual legal case even before an agency has begun to draft a proposal.
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This community has written 84,309 posts about US Policy. The article-length ones it recommended most:
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