Quote (thesnipa @ Nov 28 2017 04:22pm)
I see the logic, EO's are tied directly to a president. so if the intent of that president is what's in question him leaving office should in theory clear that intent, or at the least necessitate that someone prove the incomming potus has the same intent of bias.
I think the key to that article is that the precedent in case law talks about psychoanalysis, whereas here we have direct quotes sometimes with further clarification and repeated many times. Whether or not that type of analysis can be used to prove bias i doubt tho, as you said it needs to get kicked to the USSC.
But the job of the courts is to interpret the laws and as Justice Souter said this should not include psychoanalysis but may addresses objective bias. It will be an interesting legal battle and I'm certainly waiting to see how it plays out.