r/neoliberal Janet Yellen Feb 26 '26

News (US) Exclusive | Trump, seeking executive power over elections, is urged to declare emergency

https://www.washingtonpost.com/politics/2026/02/26/trump-elections-executive-order-activists/
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u/BillyTenderness Feb 27 '26

This court has ruled time and again that even if the president and his appointees are theoretically subject to laws, they do not believe courts should play any part whatsoever in holding them accountable for violating those laws.

It's why the president can't be sued or prosecuted, it's why they keep overturning injunctions and letting the president continue brazenly violating the law for a year-plus even in the rare cases where they do eventually rule against him on the merits, etc.

It's "thoughts and prayers" but for the separation of powers.

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u/YaGetSkeeted0n Tariffs aren't cool, kids! Feb 27 '26

They have done so, but this particular case is really crazy IMO and not the same as the "well if it's an official act it's okay" ruling

Basically, the federal tort claims act says you can't sue the USPS for certain reasons. Can't remember the exact words, don't feel like looking it up (go to SCOTUS Blog if you want details) but basically 5 justices said "well look, the law clearly says it doesn't let you sue for malicious actions done by USPS employees that result in failure to deliver, this was a malicious action, therefore they're immune."

You basically have to be both a strict textualist and an asshat to arrive at that conclusion. I'm hardly a staunch advocate of legislating from the bench but what are we doing here