EOs also aren't laws, they're instructions on how to execute policy. This administration treats them as the former.

Everything they do, however, is petty, cruel and nakedly corrupt while also being marred by a total lack of competence.

I think the Administration is likely to get its toys taken away soon.

the Major Questions Doctrine, the end of Chevron deference, the mandate for Article III courts from Jarkesy, have been building towards this for a while. the capstone in this program of weakening the administrative state, overturning Humphrey's Executor when Trump v. Slaughter is decided, will likely revive the Intelligible Principle Doctrine, as Justice Gorsuch has hinted. the same trend is apparent in the IEEPA tariffs case, where non-delegation got a lot of airtime.

EOs lose a lot of their punch when the Executive's delegated rulemaking and adjudication powers are returned back to their rightful owners in the other two branches.

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Refreeze5224 2 days ago | parent | next [-]

I don't know where you get the confidence that any of that matters to SCOTUS. They know their role, and they are playing.

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parineum 2 days ago | parent [-]

SCOTUS has ruled against Trump numerous times.

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thrance 2 days ago | parent [-]

But they rule in his favor more often than not. They gave him freaking immunity for any crimes he may commit. This alone enables him to disregard the law without any fear of repercussions.

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throw0101a 2 days ago | parent | next [-]

> This alone enables him to disregard the law without any fear of repercussions.

That does not apply to his lackeys though (unless there's a preemptive pardon).

If (!) there's a change in the President eventually, there needs to be a reckoning for everyone that didn't push back on instructions/orders (including all the folks down the line who are blowing up (alleged) drug boats).

	▲	jeremyjh 2 days ago \| parent \| next [-]
		Everyone will have preemptive pardons. That has already been guaranteed to them or we wouldn't see so much open lawlessness.
	▲	dboreham a day ago \| parent \| prev [-]
		That the president can pardon any criminal providing no justification is preposterous nonsense. Much reform is needed.

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decremental 2 days ago | parent | prev [-]

[dead]

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Hnrobert42 2 days ago | parent | prev | next [-]

I fear by reducing control over executive power to one, squishy standard like the Intelligible Principle Doctrine will let SCOTUS pick and choose which laws have intelligible principles. When conservatives are in power, suddenly all laws will have them. And swing back when liberals are in control.

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throw0101a 2 days ago | parent | prev [-]

> I think the Administration is likely to get its toys taken away soon.

Perhaps worth reading "The umpire who picked a side: John Roberts and the death of rule of law in America":

* https://www.theguardian.com/us-news/ng-interactive/2025/aug/...

Also "John Roberts and the Cynical Cult of Federalist No. 70":

* https://newrepublic.com/article/204334/john-roberts-federali...

And "This Is All John Roberts’ Fault":

* https://www.motherjones.com/politics/2025/11/john-roberts-do...

And perhaps "Trump Allies Sue John Roberts To Give White House Control Of Court System":

* https://talkingpointsmemo.com/news/trump-allies-sue-john-rob...