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The "Untied" States of America [1]
['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']
Date: 2025-06-27
Today, the United States of America became the Untied States of America. The Executive branch no longer exists as a legal entity that can be sued in federal court. Only the portion of the Executive branch which has offices in a given judicial district can be sued in that district. Plus those who don’t live in that district do not have standing to sue in that district. The United States no longer exists as an entity which can be sued in the vast majority of the United States. Very convenient until defense lawyers point out their clients can’t be charged by bureaucracies which only exist in Washington D.C. Justice Ketanji Brown Jackson warns this “decision to permit the Executive to violate the Constitution with respect to anyone who has not yet sued is an existential threat to the rule of law.” Further, she questions whether we actually have a rule of law anymore, saying "a far more basic question of enormous practical significance: May a federal court in the United States of America order the Executive to follow the law?"
The answer today is no, except in very limited, severely constrained circumstances. So the social contract has come untied, and so has the Untied States of America that we now live in.
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