During Chris Wallace’s interview today President Trump said there were many actions regarding health care and other things that were going to happen because of SCOTUS’s decision on DACA. I’m not a law fag so I’m not sure what he means by this. Smarter people than I need to dig on this.
-SB
I was really baffled by that. Looking forward to an explanation.
The most recent SCOTUS decision on DACA held that a following POTUS can't summarily undo an executive order, even one that is unconstitutional!
Now that EO's have been made more durable by SCOTUS, and now that SCOTUS gives more "constitutional leeway" to EO's, SCOTUS has created something in the nature of a motive for POTUS to get things done via EO, rather than push for legislation.
That said, SCOTUS jurisprudence is outcome-oriented. It will defer when it likes the EO, but it will not apply the same rules to an EO that it does not like.
SCOTUS has put itself in a bit of a bind, because within a year or two (maybe much less) it will have some EO's before it, that it does not like. It can then either show how political and outcome-oriented the highest court is, or it can uphold a Trump EO using the same logic it applied to uphold DACA.