High stakes
Dan Calabrese , Bio and Archives--June 2, 2017
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Understand what's at stake here, because it's a lot more than the implementation of one policy. What the administration is asserting here is exactly what they should be - that the lower courts should not be mindreading the president's intentions based on statements on the campaign trail or anything else. If his action is legal and he has the authority to take it, that's it, full stop. Game over. Whatever you might think he really wants to do is irrelevant.
It seems almost inconceivable to me that SCOTUS doesn't deliver at least five votes affirming that argument. It ought to deliver nine.
But the first step was in asking them, and that has now happened:Thursday's filing reflects many of the same arguments that administration lawyers have made in the lower courts. The filing asserts that the court "should not consider campaign-trail comments" and that "virtually all of the president's statements on which the court of appeals relied were made before he assumed office" and before he took an oath to defend the Constitution. "Taking that oath marks a profound transition from private life to the nation's highest public office, and manifests the singular responsibility and independent authority to protect the welfare of the nation that the Constitution reposes in the president," it reads. The administration is asking for quick action from the high court that would freeze the lower court rulings and allow the policy to be put in place. Both sides would file their legal arguments about whether the policy violates the Constitution or federal law over the summer and the justices could hear argument as early as the fall, under the schedule proposed by the administration Thursday. The Supreme Court is almost certain to step into the case because it almost always has the final say when a lower court strikes down a federal law or presidential action.Assuming the Supremes find in favor of the White House here, they're doing more than just allowing the travel ban. They're telling the lower courts that they have to follow the law, and not attempt to guess the motives of the president - for good or for ill.
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