[hcknwscommenter]

That is a fundamental misunderstanding of how the judicial, legislative, and executive branches are set forth in the constitution. The co-equal branches are supposed to check and balance each other. Merely making up a "story that sounds plausible" but is in fact "brain dead" should not be enough for the courts. That should be such an obviously losing argument that the executive is immediately injunction to cease while the court case proceeds and eventually definitively determined to be acting illegally.

[vintermann]

"should" carries a lot of weight here.

[tptacek]

I think that's directionally true in this case but not generally true: powers delegated to the executive branch by the Constitution can indeed allow the President to make up complete bullshit and largely avoid judicial scrutiny (at least with a conservative SCOTUS that believes in unitary executive power).

(Case in point: Trump's travel ban last term).

[_heimdall]

> largely avoid judicial scrutiny (at least with a conservative SCOTUS that believes in unitary executive power).

Has the supreme court been refusing to hear an unusual number of cases against Trump.

I know the common feeling is that they have been siding with him more than usual, but that isn't avoiding scrutiny.