before courts rule on it.
John Yoo has said that the Executive Orders may be found unConstitutional in the long run, but that it would take two or more years to get that legal finding.
His vision is that these EO take effect, and that even if Biden wins he would have to enforce them as they work their way through the court system, presumably up to the SCOTUS.
Yes, it is incredibly dangerous what is happening. I'm so glad people understand this. We've come a long way from last week, when people were saying, "He's just bluffing, he can't do that, it's illegal, don't worry..."
We've been through this before. Trump diverted congressionally allocated money from the Pentagon to build his wall, in total violation of the Constitution, and more than eighteen months later we are just now starting to get very preliminary rulings that Congress can sue him for that.
This is why my question is always: Yes, it is illegal, but who is going to stop himi between now and November?
Can the Supreme Court take special action to clarify its DACA ruling, and put to bed any notion on John Yoo's part that the ruling opens the door to serial abuse of Executive Orders?
The new lawsuits against Trump for the Census change will be a test. It all comes down to: Can we stop the EO from taking effect before and until courts rule on it. John Yoo is banking on the idea we can't.