Friday, June 26, 2020

Cruel And Stupid Dept.: "Congress Doesn't Hide Elephants... In Mouse-holes."


[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

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