“The courts cannot do that.”
Actually they can and often do. See link...
https://en.wikipedia.org/wiki/Declaratory_judgment
Those are all in actual cases. There has to be a legal matter first.
The courts cannot take a case where there is not an opponent.
Furthermore, the claim is that the case has to be resolved by the Supreme Court.
Now show where the Supremes would take this issue up and resolve it.
They certainly haven’t done so in the last 8 years for Obama.
There is NO court option.
NONE. ZIP. ZERO. NADA.
Can. Not. Be. Done.
“Additionally, federal courts consider other concerns when analyzing whether to exercise their discretion and hear a request for declaratory relief. A declaratory judgment action may be inappropriate where it is filed to beat the natural plaintiff to the courthouse. This tactic may be intended to deprive the other party of its natural position as plaintiff. Or, it may be intended to deprive the natural plaintiff of its choice of forum. Federal courts sometimes discourage or reject such tactical maneuvers, or “preemptive strike[s]â€, as inappropriate uses of the Federal Declaratory Judgment Act. Institute for Studies Abroad Inc. v. Int’l Studies Abroad Inc., 263 F.Supp.2d 1154 (S.D. Ind. 2001). Such a use of the Federal Declaratory Judgment Act “provokes a disorderly race to the courthouse.†State Farm Fire and Casualty Co. v. Taylor, 118 F.R.D 426, 429-30 (M.D.N.C. 1988); see also Fireman’s Ins. Co. of Newark v. Riley, 322 F.Supp. 349, 351 (W.D. Ky. 1971).”