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0 pointsethbr11y ago0 comments

There is a point about timescales.

The judicial is, by design, retroactive: transgressions are made, cases are litigated, decisions come down, and then redresses are made [0]

The executive is, by design, immediate: decisions are made and implemented, then can be legally challenged

The gray area between the two is judicial restraining orders, where the facts of the case and/or the possibility of unredressable outcomes support the immediate nullification of an order, while the case is being litigated.

[0] https://www.npr.org/2025/02/11/nx-s1-5293078/a-constitutiona...

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ajross1y ago

Again this presupposes compliance by the executive. So far they haven't, maybe they won't. But I can all but guarantee that at some point this administration is going to start, likely with great fanfare and applause from its partisan media and the libertarian set here on HN, simply ignoring restraining orders it dislikes. And then where will we be?

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