You have to have a legal basis to file a lawsuit. You can't just file a lawsuit because some policy is "egregious." "Egregious" policies are legal as long as they don't violate a law or a constitutional provision. "Egregious" laws are legal as long as they don't violate the Constitution. But let's say you're successful in court, who enfo…
You have to have a legal basis to file a lawsuit. You can't just file a lawsuit because some policy is "egregious." "Egregious" policies are legal as long as they don't violate a law or a constitutional provision. "Egregious" laws are legal as long as they don't violate the Constitution. But let's say you're successful in court, who enforces that decision? The very administration you're suing to stop the egregious policies. It's heads you lose, tails you lose. Don't count on the courts to bail us out.
But why not anticipate the action and draft something now? (The civil servants are the ones who will have standing.) That way it's ready to go when the "egregious", i.e. unconstitutional, thing happens. I was responding to what JVL asked, which is what can we do now to prepare. Saying don't count on the courts is giving up. What do you propose?
You have to have a legal basis to file a lawsuit. You can't just file a lawsuit because some policy is "egregious." "Egregious" policies are legal as long as they don't violate a law or a constitutional provision. "Egregious" laws are legal as long as they don't violate the Constitution. But let's say you're successful in court, who enforces that decision? The very administration you're suing to stop the egregious policies. It's heads you lose, tails you lose. Don't count on the courts to bail us out.
But why not anticipate the action and draft something now? (The civil servants are the ones who will have standing.) That way it's ready to go when the "egregious", i.e. unconstitutional, thing happens. I was responding to what JVL asked, which is what can we do now to prepare. Saying don't count on the courts is giving up. What do you propose?
Agree. You also have to have standing to sue.