Posted on 03/21/2025 2:32:59 AM PDT by Libloather
Amid the growing battle between President Donald Trump and the courts, a once-unthinkable question is harder to shrug off: Will the administration deliberately defy federal judges if it doesn’t get what it wants?
The issue has come into sharp relief in the challenge to the administration’s deportation of Venezuelan nationals under the purported authority of the Alien Enemies Act. The presiding judge — James Boasberg, chief judge of the federal district court in Washington, D.C. — directed the government from the bench to turn the planes around carrying the deportees. That did not happen, though the administration claims it did not deliberately defy the judge. Boasberg has since pressed the government for more information, and on Friday, he will hold a hearing to consider the matter further.
To consider Boasberg’s options and the implications, I spoke with Shira Scheindlin, a former federal judge in Manhattan who served on the bench for 22 years. She is no stranger to complex, high-profile disputes involving the government, and as I can attest from brief personal experience — I once litigated before Judge Scheindlin while I worked in the private sector — she had a well-earned reputation for exercising firm control over her courtroom and the lawyers who appeared before her.
Scheindlin said that in the debate over whether the United States is already in a constitutional crisis, the real red line is if the executive branch defies the judiciary, a move that Trump says he wouldn’t take.
But if it were to happen?
“That’s when authoritarians become dictators and really tear down the temple by just ignoring the Constitution, ignoring the judiciary,” she said. “That would be the shocking end to our 250-year experiment.”
This interview has been edited for length and clarity.
(Excerpt) Read more at politico.com ...
Because he’s a DEMOCRAT!
I wonder if Politico wrote articles like this when Biden and Obama defied judges orders.
/S
This crap is soooo over the top.
Rouge?
You’re making me blush
What if political activists on the bench start invading the clearly defined Article II powers of the president? Well then we have tyranny by 700+ unelected lawyers in black robes.
Fortunately, the judicial branch has no enforcement power. That rests with the executive who can be removed by Congress via impeachment. That’s the beauty of our system of checks and balances. Each branch of government can check the power of another when that other exceeds its bailiwick - like numerous federal district court judges are doing right now.
Former judge from Manhattan
Certainly wouldn’t be biased, would he?
That’s because the media protected everything he did (or that someone else did with him as the front man). Liberals/Democrats/Marxists/Progressives exemplify hypocrisy.
As for the assertions in this drivel from Politico, there is nothing in the Constitution that supports district judges having authority over the President of the US. The real ‘Constitutional Crisis’ would be if the expanded judiciary were allowed to diminish Constitutional separation of powers and dictate what happens in the Executive branch.
Rogue rouge. It makes me see red.
Of course, you’re right. But I wish we wouldn’t even post such dreck here. It allows the left-wing media to set the conversation agenda. For news, I use X and a few other select sites. Never the propaganda media.
First off, no I didn’t read the entire article. BUT what I did read “suggests” that the judiciary believes it is the ultimate power. Their decisions are absolute.
So, I recall that the USSC made a decision some 70 odd years ago that certain Pesendital actions are immune from judicial review. With today’s black robed tyrants making decisions in direct contradiction to a previous judicial decision, in effect usurping power from thenselves, are they nothing more than Hypocritical Toddlers having a tantrum?
So if the GOP Senate decided to ban the filibuster and pack the courts with a bunch of judges who will let Trump do anything he wants like the dems wanted to do, that would be okay? No, the left would be more violent than normal.
You really can't hate those monsters enough.
Send a bailiff to the white house and see how far they get past the army of SS who already f-ed up twice in the past year. No sheriff or police department is going to step into a 50 million dollar legal fee problem as a political stunt.
Every federal judge suddenly has a IRS audit of personal and firm taxes back 7 years, that would be some sort of freak coincidence.
Federal judges do not have the authority to second-guess, nor pre-empt, nor decide what are, nor take such Executive decisions.
I know a federal judge here in Sacramento. His kids were in my daughter’s elementary school and the DB insisted that all the parents and the school refer to him as “judge”. Not Mr judge or judge so and so but just JUDGE.
I never referred to him like that. These people are definitely high off of smelling their own farts.
Basically, there’s very little judges and courts can do — that’s the takeaway. They have tools on paper like civil contempt, fines, sanctions, even jail time — but those depend on the executive branch (e.g., U.S. Marshals) to enforce.
If the president refuses to comply and won’t enforce judicial rulings, the courts are essentially powerless to compel action. That’s when it’s typically said to become a constitutional crisis — not just a legal dispute, but a breakdown in the balance of powers.
But I would argue that the balance of powers has already broken down due to judicial overreach. In that light, executive defiance may not be the beginning of a crisis — it may be a reaction to one.
Trump should ignore the courts ask to be impeached!! Beg them to impeach him. What better reason for an impeachment! Let’s have this out once and for all.
Author is an interesting guy and a very recent hire...
He used to work for the Justice Department, and note his ties to the SDNY...
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