Posted on 02/12/2025 8:01:40 AM PST by Diana in Wisconsin
Recent court orders slowing down or indefinitely blocking President Donald Trump’s policy blitz have raised the specter that the executive branch might openly flout the federal judiciary and prompted questions about how judges would respond.
Any decision by the administration to defy federal courts would immediately implicate profound constitutional questions about separation of powers that have kept each branch of the government in check for centuries. That’s in large part because it would test the power of courts to enforce rulings that are supposed to be the final word.
Legal experts say there are few options to force compliance with its pronouncements. Judges could hold an agency or official in civil or criminal contempt – but that’s about it.
Fears that the Trump administration might deliberately break into a pattern of not following judicial rulings with which it disagrees were amplified earlier this week when a federal judge in Rhode Island, for the second time, told the Trump administration it can’t cut off grant and loan payments after Democratic-led states complained that the administration wasn’t obeying the judge’s previous court order.
A day earlier, Vice President JD Vance also created a storm of criticism when he questioned in a post on X whether courts can block any of Trump’s agenda. “Judges aren’t allowed to control the executive’s legitimate power,” he wrote in part.
To be sure, such talk at the moment is just that, talk. And at the moment, the Justice Department has taken the usual approach of appealing to a higher court on preliminary injunctions that have blocked various executive actions.
(Excerpt) Read more at channel3000.com ...
“Well, I always abide by the courts, and then I’ll have to appeal it – but then what he’s done is he’s slowed down the momentum, and it gives crooked people more time to cover up the books,” Trump said. “So yeah, the answer is I always abide by the courts, always abide by them. And we’ll appeal, but appeals take a long time.”
Funny how we didn’t have these types of articles when Biden was openly flouting the Supreme Court’s rulings.
[[Any decision by the administration to defy federal courts would immediately implicate profound constitutional questions about separation of powers that have kept each branch of the government in check for centuries]]
Like when Biden IGNORED the supreme court?
“Any decision by the administration to defy federal courts would immediately implicate profound constitutional questions about separation of powers that have kept each branch of the government in check for centuries.”
Uh, NO! Any decision by courts to wildly exceed their authority because they are ideologues will start the constitutional clash. Centuries my ass!
“Justice Marshall has made his decision; now let him enforce it.” -Andrew Jackson (Worcester v. Georgia, 1832)
Trump could pardon anyone the Court found in contempt.
They could cry and then quit... and cry some more.
i cant keep up
Mcconnell has backed off sort of with his clarification.
https://storage.courtlistener.com/recap/gov.uscourts.rid.58912/gov.uscourts.rid.58912.107.0_1.pdf
Margot Cleveland
@ProfMJCleveland
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3/ Judge pretends like there was no need for clarification but that is bologna because Trump Administration explained in its opposition to order to enforce that it was doing precisely these 2 things & court responded by threatening criminal contempt.
Margot Cleveland
@ProfMJCleveland
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4/4 This order was key though as it allow Trump to continue doing what he was doing, which was cancel grants as he legally is allowed to do.
I recommend continuing new policy until restrained in the particulars by the Supreme Court. Subsidiary courts are obviously unconstitutionally dictating Executive policy and action.
This cannot stand. Ignore inferior courts.
Yep. We’ve been under the THUMB of ‘No Rule of Law’ for DECADES, now. At best, a two-tiered system. Sometimes. Maybe. *SPIT*
Ignore their nattering and keep on with THE BLITZ, Mr. President! MAGA! :)
Thanks for the update—good news.
And that’s where holding these CLUMPs accountable for their deceit is important.
Looks like we have more than merely the specter of the judicial branch openly flouting the Federal Executive.
“such talk at the moment is just that, talk.”
Trump is crossing his legal “T’s” and dotting his “I’s”.
https://freerepublic.com/focus/chat/4296992/posts?page=25
He’s giving the Dem’s the rope to hang themselves with.
Many of these legal battles are over the Administration stopping spending that has already been appropriated. So yes, keep fighting these important battles. But a lot of this can be stopped by defunding these activities in the next budget. The budget battle is the key and rolling over on a pork-filled omnibus CR would be terrible
Excellent post
Yup—the March continuing resolution battle is where Congress gets involved.
The Republicans can fix many issues if they can find a spine.
Appealing them in our dumbass courts is a moronic waste of time. The RAT stooges aren’t going to go against one another. You’ve got to use Biden’s method when dealing with the corrupt black robed DNC stooges. Tell them to FO. Just think of how many college students would have to be paying off their college loans right now instead of touring the world if their boy Pedo Joe hadn’t told the stooges to FO.
AndyJackson had a response: “where is the court’s army?”
So, file the appeal and in the meantime invade the area. Claim something like exijent (sp?) circumstances or “hot pursuit”. Do what you know is legal and apologize later.
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