United States Supreme Court (scotus) Chief Justice John Roberts should act quickly if he is to avoid a confrontation with the executive branch and preserve what little integrity the scotus has remaining.
Roberts needs to move to overturn the ninth circuit court’s unconstitutional stay on an executive order of the President of the United States. Nothing in the United States Constitution or the Judiciary Act confer upon any court the power to micromanage any other branch of government.
In fact no court has ever been empowered by the US Constitution or any duly enacted legislation to expand, amend, repeal, invalidate or otherwise alter any duly enacted legislation. Therefore, the judicial branch, including scotus, lacks the jurisdiction to hear any case in which such action is the relief sought.
John Roberts should contact the President to work out a viable plan for restoring the separation of powers; and admonish lower courts that “precedent” and or “case law” will no longer be regarded as legally binding law; that there must be existing legislation upon which to base a decision; and that whether or not the court considers that legislation to be “fair” is not relevant nor sufficient to support a decision inconsistent with the law.
John Roberts can do this or wait for a head to head confrontation with the executive branch in which the court has no constitutional leg to stand on. Unless and until the US Constitution is amended to include precedent, court decisions and “judicial review” as alternative means of enacting or amending legislation and or the US Constitution, John Roberts will lose that fight; and much more