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this post was submitted on 18 Nov 2024
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Everything will be a national emergency to pass any and everything they want to.
Yep, so why don't the Dems do the same things, but to actually benefit the average person?
I understand people are going to say, "Well, we have to respect decorum and the rule of law," but... How's that going for us? The GOP doesn't care, and we keep pretending they'll find the line they won't cross to accomplish their evil agenda...
So why can't the Dems break the rules to actually help the American people and show them they're willing to get things done? This isn't a "I gotcha" moment or praising the GOP, I just don't understand it beyond "they're the same party, one just pretends to care."
Short answer: the Supreme Court
Longer answer: National emergencies are perfectly reasonable to the SCOTUS when declared by a Republican but ridiculous overreach when done by a Democrat and the SCOTUS will use any opportunity to neuter the power of the federal government where a Democrat is in charge.
"So why don't they just try anyway?" you might ask. And the answer there is that the SCOTUS can do more than just say "you can't do that one thing anymore." They can use it as an excuse to block 100 other things that were either flying under the radar or were being challenged one-by-one previously and tied up in appeals.
Biden tried to regulate CO2 through the EPA. The Supreme Court not only said he couldn't do that, but they concocted a brand new standard called the "Major Questions Doctrine" that basically says government agencies aren't allowed to implement any significant new regulations unless Congress explicitly authorizes them. And now all those under-the-radar regulations are falling like dominoes in the district courts with no path for appeal.
The judiciary relies on the executive to enforce its rulings.
They tried with student loan debt and the courts blocked them at every turn. The courts are shaped to allow republican plans, because we have done these things in the past. Courts are more willing to reject things that haven't happened before.