SCOTUS does not enjoy papal infallibility. They fuck up.
reply(Or act maliciously, as when Alito invented the new "history and tradition" test.)
Congress fucks up as well. There's as pretty strong argument that "independence" from the executive power vested in the POTUS and legislative branch puts that power in a place not authorized anywhere in the constitution, and for good reason, as the design of the constitution intends elected office to have direct control over powers of congress and the executive.
replyYeah, that's why we have the veto power; as a check on their power.
replySCOTUS has now given the executive retroactive uncheckable vetos. Yikes. "Those rules we agreed to, signed into law, and followed for the last 90 years? HAHA PSYCHE SUCKERS!"
Reminder: On the SAME DAY, the SAME JUSTICE issued an opinion that the President can't fire a Federal Reserve member, in Cook, saying it was "out of step with the statute Congress enacted and our nation’s tradition of central banking protected from political interference". You're asserting consistency that simply does not exist; the Court is starting with the desired ruling and working backwards from there.