Friday, October 17, 2025

Liminal Issues

Also, too, as well: Trump appealed from the 7th Circuit.
UPDATE: Justice Amy Coney Barrett has ordered Illinois officials to respond by Monday at 5PM ET, BUT she did not order the immediate administrative stay the Trump admin asked for.
That shouldn’t speak volumes, but given recent history, it does. Perhaps not even the unitary executive can declare rebellion when it suits his fancy. Maybe “strong presidential power over executive agencies” doesn’t include the power to call up the military domestically and suspend Posse Comitatus and the 4th and 10th (at least) Amendments.

It is going to be hard, and dangerous, to say the lower courts were wrong on the law. It’s not that the Six can’t, or won’t, do it. But this indicates they may be only five, if they do. “If they do” is not to be counted on, nor discounted, this early.

But no troops in Illinois, anytime soon.



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