If Biden just does it and waits to get sued rather than going to SCOTUS himself to get them to rule that he can divert the funds it opens up a bunch of problems for everyone. Not only does it still not save Biden and the dems time and resources as they still have to argue the case at every level it goes to and still have to be the ones to appeal it higher if any of the lower courts rule against them. But if they win it could arguably be even worse. Sure we stop the border wall, but what is there to stop a future Republican president from saying “I think Medicaid, SNAP, Medicare, Social Security, Welfare, Section 8, or other federal social program they don’t like are illegal actually and I’m not releasing the funds for them” and us then needing to sue him into complying?
If Biden just does it and waits to get sued rather than going to SCOTUS himself to get them to rule that he can divert the funds it opens up a bunch of problems for everyone. Not only does it still not save Biden and the dems time and resources as they still have to argue the case at every level it goes to and still have to be the ones to appeal it higher if any of the lower courts rule against them. But if they win it could arguably be even worse. Sure we stop the border wall, but what is there to stop a future Republican president from saying “I think Medicaid, SNAP, Medicare, Social Security, Welfare, Section 8, or other federal social program they don’t like are illegal actually and I’m not releasing the funds for them” and us then needing to sue him into complying?