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zataomm  10mo ago (text post)   5749 thread views

Colorado Supreme Court Thread

Link to the decision

I don't know to what extent there are established precedents for when a topic is worthy of a mega-thread, but this decision seems like a big deal to me with a lot to discuss, so I'm putting this thread here as a place for discussion. If nobody agrees then I guess they just won't comment.

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Your own link re ultra vires states that it refers to govt acting outside of constitutional powers, not to acting outside its statutory powers. Obviously the former raises constitutional claims, not the latter.

And as for nitpicking, OP made a claim of the administration acting "outside the constitutional order," which is silly. Refusing to comply with a court order is acting outside the constitutional order; pursuing policy which will probably be held illegal and stopping when ordered to do so isn’t. It is SOP. You are engaging in special pleading.

SOP, you say? I'll admit I wasn't quite as plugged into the social justice fandom at the time, what with tumblr upsie-wupsie a fucky-wusky, and I couldn't (and can't) stand dealing with the non-transcript version of a Trump speech. Still, would have expected to hear about Trump getting to enforce a Muslim ban for a couple weeks after a SCOTUS order made clear he was going to flunk the likelihood-of-success, giving a long series of public pronouncements about how he couldn't do it, telling SCOTUS he would expire and not renew the ban, and then just doing it again.

But you've used it as an SOP example. Got a link?

I'm sorry, "pursuing policy which will probably be held illegal and stopping when ordered to do so" isn't my complaint, nor anyone else's complaint, and you know it.

I'm sorry, "pursuing policy which will probably be held illegal and stopping when ordered to do so" isn't my complaint, nor anyone else's complaint, and you know it.

That is precisely OP's complaint, because that is what happened.

Edit:

Still, would have expected to hear about Trump getting to enforce a Muslim ban

The Biden Admin did precisely what the Trump Administration did: It promulgated a narrower rule in an effort to save it.

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