Will Baude
👤 SpeakerAppearances Over Time
Podcast Appearances
Okay, so Kavanaugh's concurrence in the judgment agrees with part of what we just described, but not all of it.
And he also implies that as soon as the president does that, he's likely going to think we should defer to it.
And given his general attitude towards executive power, pretty pro-executive power, justice.
You know, I don't know whether he would think that it's conclusive that the president just makes that determination or just gets tremendous weight.
But it would be a very different case for him.
Very, very different case.
They don't rule that out.
But here, I mean, the court has already ruled out that this particular function constitutes executing the loss, right?
Or at least strongly suggested that that's ruled out.
So, I mean, there's not like a presidential determination with respect to that that would change the result here.