Definitely odd to see that the default is to let this keep happening, counterintuitive is a word that comes to mind

Very similar to the old "only Congress can change the law where they agreed to create the department of education and it is unconstitutional to get rid of it without Congress, but we don't care if you fire every employee" gag

Similar to "you lost the election, but you have the same power for almost three months".

Violation of the Constitution? Guess we will continue to let it slide until some future date.

Because they know scotus will overturn it and want to save people the trouble.

Probably something about the energetic executive needing to have total discretion over what a fentanyl emergency is and how to mitigate it.

Consider how many of these injunctions have been ignored, challenged, and gone through a separate appeals process, only to be struck down by a SCOTUS shadow docket ruling. I suspect the reasoning is that a final SCOTUS ruling will be faster by not issuing an immediate injunction.

https://www.brennancenter.org/our-work/analysis-opinion/supr...

It was the obvious consequence of SCOTUS getting rid of the nationwide TRO, but here we are anyway.

> This whole thing where “well this is wrong but you have to pay the illegal tax anyway” makes no sense.

There is a reason why faith in American judiciary is at an all time low. The government is doing illegal things with no repercussions. People are getting harmed. How can anyone trust the system?

This would be hard to do given sovereign immunity. I highly doubt you'd get them to waive their immunity for an "official act" done by the President. The FTCA does allow for some exceptions but it's pretty narrow.

But will stay for now.