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Re:The Trump administration accidentally texted me its war p... by reverius42 on Wednesday March 26, 2025 @03:09AM (#43479595)
> To challenge [the legality of an action by] an executive that has friends in congress is a dangerous proposition for a federal judge. > It could end badly.

This implies that the courts cannot be an effective check and balance on the other branches. Aren't they meant to be?

Re:The Trump administration accidentally texted me its war p... by unyttigfjelltol on Wednesday March 26, 2025 @06:45AM (#43480735)
It depends what you think is meant by the term "effective". Courts foremost serve a truth-finding function and buffer against arbitrary authority being applied to individual people.

It's always been controversial whether a court can disparage a law of broad application or impugn the president directly. The "effectiveness" of those functions was always a little speculative.

Re:The Trump administration accidentally texted me its war p... by reverius42 on Wednesday March 26, 2025 @07:50PM (#43488886)
> truth-finding function

Lower courts typically deal with questions of fact and how they intersect with questions of law; higher courts (appeals courts and Supreme Court) typically deal with questions of law (ambiguity/interpretation) exclusively. Courts as an institution don't serve a "truth-finding function" so much as a "law-ambiguity removing function".

> disparage > impugn

Everyone seems focused on whether a court has the right to, like, insult the president personally. But that's not really the important part of what they're doing. They _of course_ have the right to question whether the law allows what the president is doing -- and questioning this is not disparagement or impugning.

Re:The Trump administration accidentally texted me its war p... by vdqtp3 on Wednesday March 26, 2025 @01:12PM (#43484419)
They are meant to be a check and balance on the legislative and executive branch, but those branches are also meant to be a check and balance against the judicial. It's not a one way street. This statement is not intended to address the root current event being discussed.