I already tried to explain a few days ago, with reference to all the major cases-in-controversy the Federal Courts have decided vis-a-vis the outer limits of executive power and the doctrinal reasons why (especially Separation of Powers)
I hate predictions, but given all that has gone before (
assuming SCOTUS is consistent) on the law, and issues of
fact...
"The presumption of regularity is a deference doctrine: it credits to the executive branch certain
facts about what happened and why and, in doing so, narrows judicial scrutiny and
widens executive discretion over decision making processes and outcomes."
The Trump Administration’s ban on entry into the United States by nationals from several majority-Muslim countries sparked controversy about when courts should credit the...
harvardlawreview.org
I expect SCOTUS to broadly agree with the Trump administration.
If the Republicans in Congress attempt to remove in toto or limit
appellant jurisdiction from the Federal Courts just wait for the screaming.
"They can't do that! That's NAZI! This is unheard of! It, it, it's illegal!!! It's un-American!
Yes they can.
No, it isn't.
No, it isn't.
No, it isn't.
No, it isn't.