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WH Right Blogger Conference Call On Executive Privilege | 38 comments (38 topical)

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Nice proposal scribe. (none / 0) (#20)
by Edger on Sat Jul 28, 2007 at 09:25:15 AM EST
In your experience and knowledge which way do you think the SC would be likely to rule if this became law and was challenged? Assuming that they would make a decision not based on political biases...

[ Parent ]
My crystal ball says (5.00 / 1) (#33)
by scribe on Sun Jul 29, 2007 at 08:41:15 AM EST
I should have stuck with tea leaves.  But seriously, the amendment I propose incorporates the jurisdiction-stripping provision pioneered in the Torture Act to prevent the S.Ct. from ever having the opportunity to decide whether the Executive's position on privilege was right.  And, it strips that power from lower courts, too.  That all has to do with Congress' (not the Executive's) power to define the limits of the jurisdiction of the federal courts and which causes of action may be brought in them, by way of federal question jurisdiction.

Then, to go all belt-and-suspenders, my proposal also prohibits (and criminalizes) any use of government funds to even make the Executive's arguments.

So, as the law stands now and adding my proposal to the mix, for the S.Ct. to ever consider the constitutionality of my proposal, they would have to have thrown out the jurisdiction-stripping language in the currently-pending (or proceeding) cases challenging the Torture Act.  Since all good Rethugs want the Torture Act, either more than one Justice will have to abandon being a good Rethug, or they'll have to have the decision on the Torture Act come down when a Democrat is in office, so as to make clear they are not taking any power away from the Rethugs (and are simultaneously giving them a lizard-brain campaign issue for the future).

Assuming they reach the issue, I dunno.  Roberts has been of one mind with Rehnquist on limiting standing, Alito and Thomas want to go back to, well, whenever in the past, Scalia's all for following the explicit commands of the Legislature, and Kennedy's for whomever will make him feel the most aggrandized.

[ Parent ]

The legal tangles are somewhat beyond me (none / 0) (#35)
by Edger on Sun Jul 29, 2007 at 08:50:32 AM EST
But it sounds like maybe another good name for it might be The Rethug Unbearable Confliction Act 2007, or tying Bush up with enough rope to hang himself if he tries to untangle it.

[ Parent ]

WH Right Blogger Conference Call On Executive Privilege | 38 comments (38 topical)

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