Posted on 03/04/2025 9:35:31 AM PST by Red Badger
A reasonable take. I agree it’s no slam dunk.
However, I will assert at this time that this case was the proverbial camel's nose in the tent, which even if limited (as your post seems to show) to overruling Congress, it allowed the Judiciary to establish primacy over one of the two other branches via "Judicial Review".
Just get rid of the board.
What is hard to get is why is POTUS called the chief executive? Apparently he has no executive power at all, says this judge.
I would point out that "judicial review" (in the context of Marbury) pertained to reviewing the constitutionality of the laws passed by Congress and the "ministerial" actions undertaken by the Executive.
"Discretionary" (aka "political") actions by the Executive were deemed to be off-limits by the Marshall court.
In Marbury, the political act was the nomination of William Marbury to be Justice of the Peace for five years. The Senate confirmed Marbury, the President then appointed Marbury by signing his commission, and Secretary of State John Marshall affixed the Seal of the United States on the signed commission. The appointing, signing, and sealing of the commission were considered to be ministerial acts required by law.
The final ministerial act was the delivery of the signed and sealed commission to Marbury himself. However, the administration had changed from Adams to Jefferson by this time. The new Secretary of State was James Madison, and Madison refused to deliver the commission to Marbury, declaring the commission to be annulled by the change in administration because the process had not been completed.
Marbury sued, claiming that the commission was rightfully his. Now Chief Justice John Marshall agreed with Marbury, saying that the act of appointing Marbury ended with the signing and sealing of the commission. Delivering the commission was a formality and Madison committed a crime by withholding it from Marbury.
This shows the separation between the political acts of an Executive and the ministerial acts that are required by law. Marshall ruled that the courts cannot intrude on the former, but can review the latter.
To complete the story, despite ruling that Marbury was in the right, Marshall also ruled that the law that Marbury relied on to bring his suit directly to the Supreme Court was unconstitutional because it gave the Supreme Court original jurisdiction in an appellate matter, which would require a constitutional amendment. Marshall threw out the section of law giving SCOTUS original jurisdiction over writs of mandamus and declined to give Marbury his relief.
-PJ
Fire her anyway, and dare the judge to enforce it.
How many battalions of Marines dies the judge command?
The author or authors of this piece seem to have no idea how our judicial system works. While I believe that Judge Contreras is wrong, he is only a District Court judge. The Supreme Court will not get involved in this case until and unless there is a ruling at the intermediate court, which we call a Circuit Court. I am certain that the Trump administration will be appealing this to the DC Circuit, and we will see how that circuit, which is generally staffed by pretty knowledgeable judges, rules.
Mexican??
in a room without internet, no art on mustard yellow walls, no climate control and super uncomfortable furniture
“Trump can still fire with cause.”
That would be a happier ending than the original dismissal.
Hello, Justice Department? Open an investigation!
No one is above the law! And everybody is guilty of something!
Wouldn’t it be great if her lawsuit could be construed as a breach she could be fired over? There’s no end to what a lawyer can cook up. It’s happened again and again over the last four years.
https://www.mspb.gov/index.htm
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Jimmy Carter was President.
Judges are at war all over the US, with our rights in the balance.
In the runup to the Civil War were actions like
the Dred Scott v. Sandford case in 1857, where the Supreme Court ruled that enslaved people were not considered citizens and could not sue for their freedom, essentially upholding the legality of slavery in all U.S. territories. This and other decisions partly led to the tensions leading to war.
The two sides did not respect each other’s opinions.
Interesting post.
Today the limited federal government of those days and only 3-4% of the GDP would cause explosions of leftists’ heads.
We are in a tumultuous era now. Woke leftists do not want to have their clawlike grip on our freedoms pried loose.
As that Chinese curse “May you live in interesting times.”
Biden can appoint, but Trump can’t fire...
LOL
Just strip her of any authority and security clearances...
Adak
Now that the President’s joint address to Congress has happened and was well received, perhaps NOW the US Supreme Court will act to reign in the rogue Democrat judges.
That’s interesting. Thank you.
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