The pseudonym "Philo Vaihinger" has been abandoned. All posts have been and are written by me, Joseph Auclair.

Tuesday, April 14, 2020

Lawsuits? Who would sue whom, about what? What constitutional crisis? Where? How?

Let him issue guidelines, instructions, orders, even commands.

All they need to do is shrug and ignore him, near as I can tell.

That's a crisis?

Fox Biz Host Blows Out Trump's 'Total Authority' Claim: 'The Constitution Disagrees'

But that might do it.

He might try to withhold money or aid from the states for refusing to obey.

The Fox guys are already saying that's unconstitutional, but that's open to question.

The federal gummint makes money for states conditional on their policy compliance already, as I understand it, in lots of ways.

But, yeah, lawsuits.

And Barr might sue, taking the governors to court, claiming violations of the Bill of Rights or other federally guaranteed individual rights, arguing the lockdowns or features of them are useless and/or unnecessary (hence unconstitutional) and the president's duty to ensure state compliance with the constitution requires his rollback plans trump (ahem) theirs.

Anybody besides me recall that during the court battles over busing back in the day some federal judges like the one in Boston actually took over the administration of entire school districts, controlling bus schedules and routes, the distribution of students, and even school budgets and taxes.

Do we want federal judges trying to manage the national, regional, state, or local responses to the virus, both lockdowns and rollbacks?

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