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US version of SCOTUK's "remedy" for controversial "advice" of PM of the day ("government") does not obtain review, because the constitution explicitly proscribes jurisdiction in Article III, §2
The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects. ...In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
The constitution does not allow the judiciary any authority to adjudicate disputes ("controversy") between branches of government. Article III affirms Article I, §6, ¶1 indemnity: "they shall not be questioned in any other place." And so serial "test cases" typically fronted by Bill of Rights (1-10; civil litigants) and the current House majority party's futile attempts to delegate its authorities to the judiciary in order to circumvent constitutional authorities of POTUS, rather than revise a whole lot of contradictory federal legislation enacted by prior sessions of the odious.

archived separation of powers
Brexit: Judge rejects parliament shutdown legal challenge
smells like "SCOTUS won't touch it", case or controversy clause

Diversity is the key to economic and political evolution.

by Cat on Tue Sep 24th, 2019 at 01:28:17 PM EST
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