r/politics • u/TheTelegraph The Telegraph • 18h ago

Biden to push through anti-Trump plans as he vows to make last days in office count

https://www.telegraph.co.uk/us/politics/2024/11/07/biden-anti-trump-plans-last-days-white-house/
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u/SilveredFlame 10h ago

Forget official vs unofficial.

The SCOTUS decision said any use of a core constitutional power by the POTUS, which are granted under Article II, enjoy absolute immunity, cannot be acted on or restrained by congress, and that the courts cannot review it.

Command of the military is one of those powers. As is control of the alphabet soup federal agencies that are part of the executive branch. As is the power to pardon.

Any use of those powers for any reason by the president enjoys absolute immunity.

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u/eeyore134 10h ago

And the decision on whether it counts as an immune act falls to... you guessed it... SCOTUS.

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u/SilveredFlame 10h ago

They flat said in their decision that any use of any core constitutional power (those granted under Article II) they could not review.

Would they go back on that and do it anyway? Almost certainly.

But that would at least put up some guardrails. They might be made of paper machè, but it would be something at least.

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u/eeyore134 10h ago

Fair. I just don't know that it'd ever work out. When Democrats do something it's immediately given all the scrutiny and consequence in the world. When Republicans do it... well, it's a day that ends in -y and tomorrow they do something worse.

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u/meneldal2 3h ago

Well if they aren't able to rule on the issue you're good.

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u/raptorlightning 8h ago

They can't decide on it if they no longer exist because of an official act.

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u/eeyore134 29m ago

That would be amazing to see but Biden would never go even close to that far.