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What would prevent them from arguing that was improper, and thus invalid?
The fact that they don't even have to argue. They don't have to justify their decisions to anyone, really, since there's no oversight.
The same thing that prevents the Executive Branch from ignoring their rulings.
If they are going to play Calvinball, Biden should take a page from Andrew Jackson ask them how they plan on enforcing any of that.
I think that would be terribly dangerous for Thomas' continued freedom, with all the light being shined upon the bribes he's taken. He's still a Federal Officer & beholden to those laws despite his recent mouth-noises to the contrary.
A bayonet in their face probably