Summary
Judge John Coughenour, a Reagan appointee, blocked Donald Trump’s executive order to end birthright citizenship, calling it “clearly unconstitutional.”
In his ruling, he strongly defended the rule of law, stating, “It has become ever more apparent that to our president the rule of law is but an impediment to his policy goals.”
His preliminary injunction prevents the executive order’s enforcement ahead of its February 18th start date.
The judge remarked that only a formal constitutional amendment can change birthright citizenship, underscoring legal limits on presidential power.
Constitutional amendment requires both a super majority in the Senate and 75% ratification by the states.
Not gonna happen
They’re not going to play by the rules. I guarantee it.
Everyday for the last month:
Absolutely. They can’t amend the Constitution through ordinary means. Which is why they’ve installed a bunch of extreme right-wing Supreme Court justices who can interpret the Constitution however they want to benefit right-wing extremists.
Here’s a completely plausible scenario: Donald Trump orders ICE to deport any child born here to non-citizen parents in complete defiance of the court order. The district court judge gets really annoyed and issues criminal contempt rulings against the head of DHS and ICE for disobeying an order of the court. Trump orders DHS and ICE to ignore the court and promises pardons to anyone facing criminal contempt charges.
Because the SCOTUS has ruled “core powers” are “absolutely immune” and the pardon is an explicit power granted to the president with no limitations, he can use the pardon power literally however he wants, including as part of a criminal conspiracy to break the law.
And bam, full blown constitutional crisis because the SCOTUS basically neutered the entire judicial branch and gave the president dictatorial powers.
Court: Contempt
Trump: Pardoned!
Court: Contempt!
Trump: Pardoned
Court <waits until Trump is asleep>: Contempt
Police: arrests DHS head.
Trump <wakes up>: Pardoned!
Oh wow. That’s bad. Basically let people break the law and just keep pardoning them as they go along.
What is a super majority?
In the US House of Representatives and in the United States Senate, a super majority constitutes 66% or 2/3 or more of the vote.
This term also applies to such a majority in state legislatures.
A regular majority is (for example) 51 to 49. A super majority is a higher threshold (e.g., 60 to 40).
Ah OK. Thanks