What the Bush administration is doing here is not merely defying (another) Congressional statute, but -- as usual -- also denying the power of the judiciary to interpret the law and compel adherence to the mandates of law. The great unanswered question of the Bush administration has been, and continues to be, whether, upon losing a judicial battle, they would explicitly claim the right to defy the judicial order on the ground that the order exceeds proper judicial authority.
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- Barry SCHWARTZ (Barijo ŜVARC) (
chemoelectric) wrote,
Barry SCHWARTZ (Barijo ŜVARC)
chemoelectric
Yet to come: Defying the judiciary
What the Bush administration is doing here is not merely defying (another) Congressional statute, but -- as usual -- also denying the power of the judiciary to interpret the law and compel adherence to the mandates of law. The great unanswered question of the Bush administration has been, and continues to be, whether, upon losing a judicial battle, they would explicitly claim the right to defy the judicial order on the ground that the order exceeds proper judicial authority.
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