Yeah, there's a lot of nuance here. The big question the Court doesn't answer is what *makes* an official act "official"? Is any order the President gives to a soldier an official act because of the Commander in Chief Clause? Or must the order have some specific substantive content? There's definitely wiggle room, but there aren't exactl…
Yeah, there's a lot of nuance here. The big question the Court doesn't answer is what *makes* an official act "official"? Is any order the President gives to a soldier an official act because of the Commander in Chief Clause? Or must the order have some specific substantive content? There's definitely wiggle room, but there aren't exactly going to be a flood of cases for the lower courts to flesh these points out...
Yeah, there's a lot of nuance here. The big question the Court doesn't answer is what *makes* an official act "official"? Is any order the President gives to a soldier an official act because of the Commander in Chief Clause? Or must the order have some specific substantive content? There's definitely wiggle room, but there aren't exactly going to be a flood of cases for the lower courts to flesh these points out...