True, but my question is why take the case when Texas already slapped him down. Shouldn't have they simply let the lower court stand?
Unless they are so fed up with OTrauma, liberals included, they wanted to slap him personally?
It might be exactly that — given the previous 9-0 decisions the Supremes might want to send a somewhat more powerful message. “Since you just aren’t getting the message ...”
I wish I’d saved the link to the discussion threads on those decisions. They were really eye-opening given the 4 Libs joined in on them.
There’s also a little twist to this in how the Administration played nasty political games with the 5th Circuit. Sending down very junior DoJ staffers to answer questions, lying about how many green cards had actually been issued, trying to throw punches in the court of public opinion, etc.
The Court is, and has been since at least Marbury v. Madison, very much protective of the perogatives of the Judiciary as a co-equal branch. They’ll tolerate the Obama Admin throwing the middle finger at the Congress and the public, but at itself and subordinate courts? No so much.
Maybe they want to place a cap on Obama’s announced plan to paper this last year with endless EOs. Also, libs outside the admin are worried that if Trump wins, then his agenda could benefit from unchecked EO powers.