In a 1897 essay, Oliver Wendell Holmes, Jr. defined law as predicting court outcomes, a principle relevant to understanding Trump's legal maneuvers. His advisors likely anticipated that many of his controversial actions would face lawsuits but could eventually reach the Supreme Court. This approach aligns with the unitary executive theory, suggesting a presidential authority over the executive branch. The perceived chaos in Trump's actions is, in fact, a strategic plan aimed at provoking legal challenges that might validate his expansive view of executive power, as evidenced by past judicial outcomes like in Trump v. Hawaii.
In earlier cases, particularly Trump v. Hawaii, the Supreme Court has validated his executive orders, suggesting a trend where courts may support expansive executive authority.
The chaos surrounding Trump's executive actions serves a strategic purpose: it initiates lawsuits that could enable the establishment of a unitary executive vision.
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