Taking the funding of those sections of border wall to SCOTUS would have wasted the Republicans time and resources… How exactly? It would be Biden’s DOJ that would have to prepare some kind of legal rationale to challenge the wall funding. Then even if they came up with a perfect ironclad reasoning SCOTUS isn’t even required to grant it cert to even hear the case.
I utterly fail to see any version of this where it wastes more Republican resources than Democrat ones.
If Biden just does it and waits to get sued rather than going to SCOTUS himself to get them to rule that he can divert the funds it opens up a bunch of problems for everyone. Not only does it still not save Biden and the dems time and resources as they still have to argue the case at every level it goes to and still have to be the ones to appeal it higher if any of the lower courts rule against them. But if they win it could arguably be even worse. Sure we stop the border wall, but what is there to stop a future Republican president from saying “I think Medicaid, SNAP, Medicare, Social Security, Welfare, Section 8, or other federal social program they don’t like are illegal actually and I’m not releasing the funds for them” and us then needing to sue him into complying?
Taking the funding of those sections of border wall to SCOTUS would have wasted the Republicans time and resources… How exactly? It would be Biden’s DOJ that would have to prepare some kind of legal rationale to challenge the wall funding. Then even if they came up with a perfect ironclad reasoning SCOTUS isn’t even required to grant it cert to even hear the case.
I utterly fail to see any version of this where it wastes more Republican resources than Democrat ones.
That’s not how that works, the republicans would have to successfully bring a case to the SCOTUS and win it to compel the dems to dispense the funds.
If Biden just does it and waits to get sued rather than going to SCOTUS himself to get them to rule that he can divert the funds it opens up a bunch of problems for everyone. Not only does it still not save Biden and the dems time and resources as they still have to argue the case at every level it goes to and still have to be the ones to appeal it higher if any of the lower courts rule against them. But if they win it could arguably be even worse. Sure we stop the border wall, but what is there to stop a future Republican president from saying “I think Medicaid, SNAP, Medicare, Social Security, Welfare, Section 8, or other federal social program they don’t like are illegal actually and I’m not releasing the funds for them” and us then needing to sue him into complying?