House Judiciary Committee v. Don McGahn

[Dill]

(03-03-2020, 12:44 PM)Belsnickel Wrote: https://www.cadc.uscourts.gov/internet/opinions.nsf/29F7900862BA6CD68525851C00784758/$file/19-5331-1831001.pdf

This blurb on the case from taken from r/NeutralPolitics:

So the question posed in that thread, and what I think would be interesting to discuss, here, is what this means for future disputes between the branches. Also, this thoroughly complicates some of the arguments that have taken place surrounding the impeachment. I do have to wonder if this will reach SCOTUS and if we will see a ruling on it at any point in the near future. I will be watching this much closer, now, as this ruling throws many things up in the air.

Yow. To me it seems like another "norm" has been broken (though I speak with only a superficial knowledge of the legal history here).

I don't agree with this ruling, but the court is right about one thing--Congress has ample means to shakedown the presidency.

Problem is, we, the people, don't normally want Congress to go to extremes like temporarily (? who can ever say for how long?) defunding programs the country may need. Nor does Congress.

Another complicating factor--the Republican party has become a regime party. That means Republicans in Congress no longer see themselves as a "check" on presidential power. They are beholden to their leader, dependent upon his good will as much or more as upon the good will of their constituents. So it will be harder and harder for Congress to exercise its power to hold up, defund, etc.

So to answer your question, I think it means that a president like Trump could/will push executive boundaries to the point that Congress will have to delay legislation, defund the president's favored programs, and/or block appoints to a degree we have never seen before, and which could paralyze government. 

If it doesn't get that far before Trump is out, it means that he, as chief exec, will for a time have more power than any other president in history (except Lincoln, during the Civil War and with most Democrats out of Congress).  More power to do damage, given his lack of understanding of government, inability to see consequences, and impulsive decision-making.