Apt remarks by one of my colleagues, in the NYT:
Aziz Huq, a law professor at the University of Chicago, said that assessing whether a given development is a constitutional crisis is “generally unhelpful.”
“I think it’s more useful to say that this is moving us into a completely different kind of constitutional order, one that’s no longer characterized by laws that bind officials and that can be enforced,” Professor Huq said. “The law, in other words, becomes a tool to harm enemies, but not to bind those who govern. That is a quite different constitutional order from the one that we’ve had for a long time"….
Professor Huq acknowledged that there was “often some uncertainty about exactly what compliance with a court order against an agency requires.”
But there are limits, he added. “The Trump administration is pushing that uncertainty to a breaking point,” he said, “just as it has pushed the idea that the executive has to comply with statutes to a breaking point.”
If we do not live in a society "characterized by laws that bind officials and that can be enforced" then we are no longer living in a society with the rule of law, which means we are all in danger, every day.




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