Anonymous #8 5w

the court isn’t going to agree to take a case like this unless it’s to make a major decision. and sure they can, they can ban it by executive order, since the president has effectively dictatorial power based on the SC’s rulings.

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Anonymous #11 5w

court hasn’t agreed so far, they need 4/9 to agree to hear it and 5/9 to overturn it. agreeing to hear it is a bad sign, but it doesn’t necessarily mean it’s being overturned, but they haven’t even agreed to anything yet so we’ll see

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Anonymous #8 5w

don’t think you fully understand executive orders or the scotus ruling on presidential powers if you think he can ban gay marriage through it. executive orders aren’t laws, they’re just instructing the executive branch how to function, there’s no order he can give to stop all states from issuing marriage license to lgbt people.

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Anonymous #8 5w

also, that scotus ruling didn’t actually give him extra powers, it just said that if he does anything that’s considered a “presidential act” he can’t or prosecuted for it (there’s some issues with this but it still doesn’t give him unlimited powers)

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Anonymous #8 5w

if the supreme court overturns obergefell, we’re going back to a point where it’s a states rights thing (like abortion). unless they also declare the respect for marriage act illegal, or congress overturns it (it passed with a bipartisan filibuster-proof vote), states are still legally required to recognize gay marriages even if they aren’t allowed to issue gay marriage license in their states

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Anonymous #8 5w

i was more referring to the SC abolishing judicial review at the federal level. you can’t effectively sue to prevent the Trump admin from doing illegal things anymore + he is immune to criminal liability for those things, therefore he effectively has total power. the only limit on what he does is literally what he can get people to do, hence recruiting thousands of unqualified but loyal new ICE agents, federalizing the national guard etc. there’s no meaningful recourse at this point if

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Anonymous #11 5w

your rights are being violated. we’ve essentially had our own “enabling acts” and the media and DNC aren’t saying shit about it

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Anonymous #8 5w

since federal courts cannot block EOs anymore, he can effectively govern by decree. declare gay marriage void, send in the troops to any cities that don’t comply on the basis of “crime rates”. obviously this is illegal, but what good is that when there is no actual mechanism to prevent him from doing it. the law is just worthless ink on paper without a way to enforce it

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Anonymous #11 5w

i still definitely think that’s a problem i was more objecting to the idea that with just an executive order, he can do away with gay marriage. scotus has slowed down ways of stopping him, but they haven’t given him new pathways to exert power, he still has to go through the old, albeit weakened systems, and that system never game him the power to regulate gay marriage through executive order

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Anonymous #8 5w

i mean that’s just not true. he can write whatever he wants in an EO, and he has the literal power to enforce it, in the form of loyalists throughout the government, and feds “just following orders”. legality doesn’t matter when there is literally no way to hinder his orders except for the supreme court. if the SC were operating in good faith it’d be fine, but instead we have a stolen conservative majority of which several justices openly take bribes

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Anonymous #11 5w

yes he can write whatever he wants in an executive order but no he doesn’t have the power to enforce it. all executive orders do is tell federal agencies how to act. he can’t legally make a county clerk in california stop issuing marriage license for gay couples, there’s no federal employees there. he can always intimidate them through troops/whatever, but that’s still not making gay marriage illegal, threatening isn’t the same as making it illegal for them to do it

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Anonymous #14 5w

the literal first paragraph of the article states that the supreme court has Agreed To Hear It

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Anonymous OP 5w

Will consider ≠ will hear

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Anonymous #14 5w

You’re getting downvoted, but I’M the fool here. You’re 100% right. Thanks for correcting my misunderstanding of the situation.

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