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by twblalock 2862 days ago
> The system working for the people would be the states to make their own legislation. Using courts to force federal government to take action that elected executive and elected legislature do not support is not system working.

The tension between federal and state power is an intentionally designed feature of the system, and the fact that the states can push back is one of the several ways the system is supposed to work.
1 comments
smsm42 2862 days ago
> The tension between federal and state power is an intentionally designed feature of the system

True, but "AGs of states finding friendly judge to force federal legislature to do their bidding" is not part of that design. If they just passed state-wide regulations and federal AG would sue them for it, then it'd be a different case, where one could justifiably invoke state rights. But in this case it's just plain lawfare.

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pseudalopex 2862 days ago
The states brought suit in the court specified by federal law. They don't get to pick the judges. They're suing the FCC, not Congress.

The courts will either uphold the order or overturn it on procedural grounds. If they uphold the order, Congress doesn't have to do anything. If they overturn it, the FCC can try again, Congress can amend the procedures the FCC is required to follow, and/or Congress can enact the same rules the FCC improperly ordered.

The other part of the case is whether states can enforce their own regulations, which several have already passed. It's better for everyone to resolve that question promptly and with a single case. Declaratory judgment, where the courts resolve a dispute before it reaches a critical point, is part of the design.

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twblalock 2862 days ago
It seems to me that it would be "lawfare" either way -- either the states would sue the Federal government or the Federal government would sue the states.
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smsm42 2862 days ago
Lawfare is not when just somebody sues somebody else. It's when lawsuits are used to achieve goals that go way beyond and not connected with upholding the law - such as to enforce specific policy through courts, failing to pass it through legislative or executive branches.
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