A federal judge in New York City says Chad Wolf was not legally serving as the acting secretary of homeland security when he issued a memo in July that stopped new applicants to the Deferred Action for Childhood Arrivals program.The executive branch still runs the agency during appointments, otherwise none of the agency orders are valid. The executive branch was there; the US administration must have sat at the defendants table. Like Citizen United, no judge asked: "Who is that at the plaintiff table?". In the case the defendent was there, a properly elected Trump administration.
Somebody fucked this up and the talking pointers like Kervin Drum will miss this. What we have is not a restriction on Trump narrowing DACA, we have a whole host of lawsuits against Biden for all the policy planning he does now, with an unappointed cabinet. Bogus lawsuits, to be sure, but lawsuits that jam things up and are almost always caused by talking point idiots like Drum who do not connect the dots on the Law.
When Republican lawsuits start because of what Biden might have been 'thinking' or whether the appointees were fully confirmed, then Drum will call the lawsuits obstructive. But, in fact, the courts are jammed up and obstructive because talking pointers never understood the Law. And the talking pointers send us make shit up justices, and are barely self aware of what they do; ending up in contradiction.
At this point the issue is hopeless, all Congressional action and Law will have to pass through the jammed federal court system, there are simply to many 'make shit up' excuses. Any party can find the federal jurisdiction the accepts one of the 'make shit up' precedents from the justices.
Consider multipliers. There are a class of macroeconomist who thinks that multipliers are always greater than one, plus make shit up Justices are good. How does one get multipliers greater than one when all federal law is subject to 'make shit up' sudden stops?
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