Setting aside the constitutional arguments for a moment. There's an old saw that the Supreme Court follows the election results. I think there's some truth in that, especially if a Court majority is already inclined towards the election winner's legal argument.
I also think it's plausible that the Court prefers to let the issue percolate at the lower levels in the hopes that the inferior courts get it 'right.'.
I agree that Roberts isn't afraid to rule for the Administration, but if the court can sidestep a controversial issue and keep its powder dry for another day, Roberts sees that as a good thing.
As others noted, if a multitude of conflicting lower court decisions are in conflict with each other, then the Court can issue one definitive ruling.
That's a long winded way of saying that both Ray-SoCa and Mr. Wauck make good points.
5 people on SCOTUS would prefer not to rule in this, letting the lower court do their dirty work.
Or:
SCOTUS is hoping to consolidate multiple cases on Trumps executive power to fire people.
Trumps administration is teeing up executive authority cases, and I’m sure Roberts would prefer not to rule them. The danger for Roberts is if SCOTUS takes them up, and rules with a super high chance in Trumps favor, he would appear too pro Trump, in a company town dominated by bipartisan elite Trump hatred.
"Trumps administration is teeing up executive authority cases, and I’m sure Roberts would prefer not to rule them."
Why are you so sure of that? Roberts has repeatedly led the way in ruling against the Admin State and--as I wrote within the past week--wrote the ruling that should control this case. Roberts said, in the 2020 case I cited, that the president can fire people like this no matter what Congress says.
If it reaches the entire court I agree Roberts will rule against the Administration state.
My gut feeling is would prefer if a lower court deals with it. It’s suspicious all these lower court judges, after time to consider, are watering down their orders against the Trump Administration.
I see Roberts as having been scarred by Florida Gore Bush decision, as well as the continued fallout of Roe V Wade. Roberts is attempting to have scotus perceived as apolitical, and trying to avoid political firestorms. His Obamacare solution was a great example of that. The scotus dodged 2020 election issues used standing.
Setting aside the constitutional arguments for a moment. There's an old saw that the Supreme Court follows the election results. I think there's some truth in that, especially if a Court majority is already inclined towards the election winner's legal argument.
I also think it's plausible that the Court prefers to let the issue percolate at the lower levels in the hopes that the inferior courts get it 'right.'.
I agree that Roberts isn't afraid to rule for the Administration, but if the court can sidestep a controversial issue and keep its powder dry for another day, Roberts sees that as a good thing.
As others noted, if a multitude of conflicting lower court decisions are in conflict with each other, then the Court can issue one definitive ruling.
That's a long winded way of saying that both Ray-SoCa and Mr. Wauck make good points.
Perhaps:
5 people on SCOTUS would prefer not to rule in this, letting the lower court do their dirty work.
Or:
SCOTUS is hoping to consolidate multiple cases on Trumps executive power to fire people.
Trumps administration is teeing up executive authority cases, and I’m sure Roberts would prefer not to rule them. The danger for Roberts is if SCOTUS takes them up, and rules with a super high chance in Trumps favor, he would appear too pro Trump, in a company town dominated by bipartisan elite Trump hatred.
"Trumps administration is teeing up executive authority cases, and I’m sure Roberts would prefer not to rule them."
Why are you so sure of that? Roberts has repeatedly led the way in ruling against the Admin State and--as I wrote within the past week--wrote the ruling that should control this case. Roberts said, in the 2020 case I cited, that the president can fire people like this no matter what Congress says.
If it reaches the entire court I agree Roberts will rule against the Administration state.
My gut feeling is would prefer if a lower court deals with it. It’s suspicious all these lower court judges, after time to consider, are watering down their orders against the Trump Administration.
I see Roberts as having been scarred by Florida Gore Bush decision, as well as the continued fallout of Roe V Wade. Roberts is attempting to have scotus perceived as apolitical, and trying to avoid political firestorms. His Obamacare solution was a great example of that. The scotus dodged 2020 election issues used standing.