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So we never had an ex parte young for any other injunketive relief between governments because we didn t have anything like this before in england or anywhere else. the system of government we have created. now, i take and i listen to what ex parte young said about not interfering with the work of the court and the branches, ongoing work of the cord nant branches. but one thing that we said in cooper versus aaron was equality important. and that is constitutional rights declared by this court can neither be nullified openly and directly by state legislatures or state executive, or judicial officers, and these are the key words. nor indirectly through evasive schemes. ....
Court is going to allow rogue states like texas to blatantly defy extent constitutional precedent, in the same way we saw the states defying brown versus board of education, and cooper versus aaron was mentioned repeatedly this morning in oral arguments. so the court seems to understand that the very legitimacy of the court as an institution is in play here and justice kagan underscored that, so did justice sotomayor. of course coming down the pike as you suggest, there is this question of the oral argument on december 1st in the dobbs case. that will allow the court to take up the broader substantive issue and, of course, these two cases can t be seen in isolation. they very much relate to one another, a decision on roe in dobbs will certainly have implications for what the court has to do in sb8 substantively. and to you here, i just i ....
The avelo pin trying to enforce. i think again, i m speaking to all of those people over the last week, who ve been inquiring the biden administration to do something to step in and intervene, to protect constitutional rights in texas. are there other things the department of justice could do? the department of justice has some limited years diction here. there s certainly the prospect that they floated earlier, about enforcing more robustly the base act of freedom, to access clinic entrance. act that really isn t the issue here, the issue is not getting into clinics, it s getting into clinics and getting the services that you require. it s also possible for the federal government to withhold federal funding from states that infringe about constitutional rights. that s one avenue. but we ve seen this kind of thing before in our history, and it reminds me a great deal of the situation after brown of bursts where the southern states drag their heels, about enforcing the integration ....
That s cooper versus aaron. that s marbury versus madison. that s united states versus richard nixon. that is an important principle. and finally, i would say that the question of who controls the executive power within the executive branch, the vertical question, you have the president at the top. you have independent agencies which exist consistent with precedent is distinct from the question of what s the scope of the executive power ve sa vie congress. on that latter question, the scope of executive power vis-a-vis congress, the context of administrative law, my cases questioning unilateral rewriting of the law in the criminal law, where i have reversed convictions, i m one not afraid at all through my record of 12 years to invalidate executive power when judge, let me ask you this. ....
Guarantor of the rule of law. as i said in my opening, the supreme court is the last line of defense for the separation of powers and the rights and liberties guaranteed by the constitution laws of the united states. you see, that s why the unitary theory of the executive is so worrisome. what you have said is what i want to hear. from a coequal and very important branch of our government but what you have said in relation to morrison suggests the president has the last word. i have not said that, senator. i ll reiterate something i said a minute ago coming from cooper versus aaron, coming from m marbury. when a court order requires a president to do something or prohibits a president from doing something under the constitution and the laws of the united states, under our constitutional system, that s the final word. let me ask you one last time. ....