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In reply to the discussion: Supreme Court fight over birthright citizenship threatens 'chaos' in proving newborns' status [View all]Bluetus
(2,789 posts)I don't discount anything you are saying about that. But consider 2 things:
1) Often, the SCOTUS is able to hang their decisions on holes or inconsistencies left in legislation. Sometimes that might be intentional, but usually is just a bad job of writing the laws. In the past, Congress might have just assumed that the Executive Branch would do the right and traditional thing. They must stop assuming this, and be very explicit about exactly what latitude they are giving the executive branch. That will severely limit how far the SCOTUS can stray.
2) The SCOTUS has become highly political. They know that any power they give Trump could be used by a Dem President starting in 2029. Any Dem who is running for that job had better be speaking out loudly and clearly TODAY, saying that SCOTUS had better watch their step because the next President is absolutely going to use all the powers the SCOTUS gives to Trump. These threats are necessary to keep the SCOTUS in line. Dems must stop being pushovers.