If you want to see how the process re defamation suits against federal officials works in action, you can read the following decsion in a defamation case Matt Taibbi brought against a Dem congresswoman.
storage.courtlistener.com/recap/gov.us...
now. Sue where such suits are possible. Use congressional levers where possible. Elect Dems to take over the House and Senate.
If you mean the lying, unless it fits an exception to 1A, no, other than continue to counter the lies with truth, as people have always done.
If you mean actual actions by the government, to the extent such actions are illegal and unconstitutional, the way to fight it is what people are …
What?
The Commerce Clause has nothing to do with this.
Thomas, and Scalia.
Again, if California could fine the federal government becuase they don’t like what Trump said, Trump could do the same thing to California.
Fighting back is a very good thing. But fighting back with not even half-baked ideas is not.
There isn’t a “novel” cause of action that would go anywhere.
As SCOTUS held in US v Alavarez, lies are protected by 1A unless they fall into long-standing 1A exceptions such as defamation.
And when I say SCOTUS, I mean the liberal justices and the conservative Justices except for Alito, …
Really? when has a red state, such as Texas, fined the federal government?
If none have, clearly that has stopped them.
Again, there is no basis for the fine. The federal government won't pay it and no court would order it to be enforced.
Just like the federal gov't can't "fine" California when Trump gets mad at something Newsom says.
It's just crazy talk.