Okay so because (now that I’ve checked) they (the other 5) wrote opinions on specifically WHY they agree with Justice Barretts opinion of the court document, with their names attached, but they didn’t sign it because they can’t justify it, even though they all wrote exactly why they voted the way that they did… in the majority opinion… okay
Because when the constitution was written, there was no such thing as a nationwide executive order The bush admin set the groundwork for Obama, Trump, and Biden to significantly increase their use of executive orders, a grey area in the legal code. Because the executive took power that was not expressly defined in the constitution, and can apply those orders to the whole country, an equivalent response would be the courts issuing injunctions to stop illegal orders
Actually President Washington used Executive orders though they weren’t called that, and every single President except of William Harrison, used them. And it is defined in the constitution Article II section III “the executive power shall be vested in a President of the United States of America”
My guy I’ve sat through actual lectures from lawyers about this. You’re not going to be able to wriggle out of this. What an executive order was passed back then, it was like personal memos: “Hey, I’m appointing XX to be the ambassador to France”. It was VERY limited in scope. Now today, you have the president trying to override the actual words of the constitution with executive orders. That’s so vastly different equating them is either incredibly misinformed or maliciously misleading.
they aren’t “local judges” these are federal judges, their jurisdiction is literally the whole country. the supreme court is simply the final authority on federal it is not meant to handle every case, only the most important. it doesn’t take a legal scholar to see the blatant hypocrisy and open bribery engaged in by the conservative majority.
So when I say “local judges” I mean district judges being that their locale is the district they are in, not that they live down the road from people. There’s a thing called federalism where there’s a break down of power from the highest level of government, down to the US court of appeals, then to the district courts.
Actually an example of an executive order would be Lincoln using an executive order to sign the emancipation proclamation. But you sat in a class from a lawyer who knows more than the supreme court. But again every single President except WH have used executive orders. Washington used them to proclaim neutrality from other wars etc, not just appointing ambassadors it’s actually a separate clause in Article II Section 2 clause 2 “the appointment clause” so executive power is clearly different.