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@prchovanec That would depend on what was being reviewed and in what posture. In a Constitutional crisis where the President has to make the choice this piece frames, it’s not obvious the Court should be a player at all. Not every problem is justiciable in our system. peoplespolicyproject.org/2023/05/23/the-debt-limit-situation/Permalink On twitter.com
Mood -5 🙁
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@prchovanec To my mind, the President, when faced with contradictory legal commands and 2 options that are both unlawful to some extent, is duty-bound to either make an argument that one of those options is unlawful or choose the unlawful option that is least disruptive to the status quo.On twitter.com
