[What a cruel — and stupid — view, in the high-time of this pandemic.] I will link here (to preserve the record, for posterity) the stupidly illogical, and anti-textual arguments, from Team Trump — once again, to try to use about seven words in a multi-thousand page law — to declare the whole thing a nullity.
Forget for a moment that the Supremes’ task, so long as the law is constitutional in the main (as the Supremes have twice previously ruled) is to protect, and interpret previously-passed laws — yes, the job of the Court is to try to effectuate the intent of the Congress, not invalidate… the law. But forget that.
Just ask yourself whether the decision not to collect a narrow, particular tax (on a person or thing, in individual cases) is the same thing as committing an unconstitutional act, destroying the entirety of a thousand plus page law. Simple logic dictates it cannot be — putting aside all the long-standing black letter law, on the topic. Trump’s brief is a loser.
“…Congress, we have held, does not alter the fundamental details of a regulatory scheme in vague terms or ancillary provisions — it does not, one might say, hide elephants in mouse-holes….”
That is Scalia, writing for the Court in Whitman. The Trumpers won’t surmount common sense here.
[I will note that yesterday the Supremes dealt a narrow set-back, to what was long-standing “credible fear” hearings law, on immigration and asylum, but I do not have the capacity to cover everything here — and it is a narrow decision, to be sure. So I will focus on what is good — and what matters most.]
Onward, to a better tomorrow.
नमस्ते
Powerline Lies... 