Wednesday, August 11, 2021

Joe Biden Is Daring Brett Kavanaugh to Do His Job; What Joe Biden Has Done Should Be Too Much Even for John Roberts, and related stories

Michael Reynolds/Reuters
Joe Biden Is Daring Brett Kavanaugh to Do His Job:
Kavanaugh should’ve killed the CDC’s illegal eviction moratorium when it first came before SCOTUS a month ago. He can’t afford to make the same mistake twice.
Joe Biden is openly daring Brett Kavanaugh to do his job and throw out the new eviction moratorium issued by the Centers for Disease Control and Prevention. This is the sort of dumb client-from-hell mouth-spouting that often caused Donald Trump to lose cases in court. Biden, a lawyer and longtime Senate Judiciary Committee chairman, should know better. Kavanaugh ought to have ruled to block the moratorium when it first came before the Court, and he ought to call Biden’s bluff now.
The chief job of Supreme Court justices, is, in the words of Chief Justice John Marshall, “to say what the law is.” There are sometimes legal reasons not to do that: They may decide against reaching the core legal question in a case because they lack jurisdiction, or because nobody had standing to bring the case, for instance. As judges, this is not their only job; there are always questions of prudence and justice that go into deciding what cases to take and what remedies to order for violations of the law, which is one reason why values and judgment do matter in deciding who should sit on the Court. But at the same time, the most central virtue in a judge is the courage to say what the law is regardless of the political consequences. And that is what Kavanaugh needs to muster now. --->READ MORE HERE
Aaron P. Bernstein/Reuters
What Joe Biden Has Done Should Be Too Much Even for John Roberts:
The best defense of John Roberts has always been that, rather than being weak or easily influenced, he comes from a judicial school of thought — popular among conservatives in the 1980s and before — that holds judicial restraint as its highest value. In recent years, many conservatives (including myself) have come to believe that the judicial branch has a strong role to play in enforcing the Constitution as written, as well as in policing the statutory limits that Congress has placed on the executive branch. But, before originalism took over (as it should have), this was not always the case. Indeed, insofar as conservatives were likely to criticize the Supreme Court during the middle of the last century, it was not for coming to the wrong decisions per se, but for being “activist” at the expense of the other branches. Viewed through a certain light, John Roberts’s jurisprudence can be seen as an expression of this older view. Yes, he’s sometimes willing to step in if the question is particularly obvious or the infraction particularly egregious. But, in general, he’d rather exhibit a light touch. --->READ MORE HERE
Follow links below to related stories:

With Biden’s Illegal ‘Eviction Moratorium’ Democrats Openly Embrace Lawlessness

The Eviction-Moratorium Decree: Why It’s Unconstitutional

County Stands Up to Biden, Says It Is 'Legally Required' to Ignore Eviction Moratorium

Democrats Applaud Biden’s Unconstitutional Act

Biden’s novel evictions defense: Maybe it’s illegal, but it’s worth it

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