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Of course there isn't.

There's no written rule that the boss's son is gonna get the cushy VP slot, but everyone knows it.

Where was SCOTUS when https://en.wikipedia.org/wiki/Reed_O%27Connor issued all his nationwide injunctions?


Well, that's very cynical and maybe you'll be right, but for now the California AG agrees with me. Per a quote in the WSJ [1]:

> California Attorney General Rob Bonta, a co-plaintiff, looked for a silver lining: Red states, which sought universal injunctions to stymie Biden administration policies, would encounter obstacles pursuing that strategy under a future Democratic president, he said.

Call me a crazy, glass-half-full centrist, but I prefer to look at this as a clawing back of extremely broad powers from rather partisan judges. It's been maddening that circuit court judges in a few hyper-partisan districts basically push every decision to the Supreme Court.

[1] https://www.wsj.com/us-news/law/scotus-birthright-citizenshi...


> California Attorney General Rob Bonta, a co-plaintiff, looked for a silver lining…

Sure, and Susan Collins thinks Trump "learned his lesson" with his first impeachment. Looking for the silver lining is what we sometimes call "cope". He lost. As a politician, he's obliged to put some spin on it.

> It's been rather maddening that circuit court judges basically push every decision to the Supreme Court.

It is. This sort of thing should've died before ever becoming an EO, and at every level of the judiciary as clearly unconstitutional. That it didn't is a big problem.


Well, if we're predicting the future, here's mine: since they're already basically telegraphing it (and also because it's pretty clear-cut), I predict that they'll overturn the whole thing in a future case, and then the left will be crowing about how mean-ol Mr. Trump was taught a lesson in capital-D Democracy by our powerful system of government.


There’s also nothing in the ruling that binds the Supreme Court to uphold it when and if there’s another Democratic administration.

No, stare decisis is not binding. Nor does it still exist.


> No, stare decisis is not binding. Nor does it still exist.

If it was not binding, did it ever exist?

Anyway, there's nothing that binds any Supreme Court to do anything at all. This argument terminates in noise. It's just partisan fretting.


> There's nothing that binds any Supreme Court to do anything at all.

We agree. So your remark about “nothing in the ruling says. . .” was actually irrelevant to the broader point. From a lacuna in a decision we can conclude nothing.


We agree that if you assume a world where there's no precedent at all, then our system of government doesn't work.

Beyond that, no. We also don't agree that that world is the one that we live in.




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