Trump 2.0 - Defy court orders

 

Courts’ power of contempt — the inherent power to compel compliance with orders and punish actions that obstruct the administration of justice — is ultimately backstopped by their ability to jail people who defy their orders. There’d be no issue if judges themselves made arrests, but the courts’ enforcement arm, the U.S. Marshal’s Service, reports to both the courts and the attorney general. The marshals’ position within the executive branch has led commenters to predict that, if a court orders the arrest of a defiant executive branch official, the White House or Attorney General Pam Bondi will revoke the order and the courts will “run out of options.”

[...]

A close look at the courts’ enforcement powers makes clear that judges don’t need to rely solely on the marshals to ensure their orders are enforced.

[...]

Contempt of court is classified as either civil or criminal depending on whether a court seeks to compel compliance with its orders or punish obstruction of justice. When it comes to criminal contempt, the executive really does hold a veto over contempt proceedings.

[...]

Civil contempt is different. The Supreme Court has long held that “a pardon cannot stop” courts from punishing cases of civil contempt. And while the marshals have traditionally enforced civil contempt orders, the courts have the power to deputize others to step in if they refuse to do so.

[...]

To be sure, a court that appointed someone other than the marshals to enforce a civil contempt order would be breaking new ground. Because of the marshals’ long and honorable history of respecting their legal obligation to enforce federal courts orders, the courts have rarely, if ever, had to turn to other parties to have their orders enforced. If forced to do so, however, individuals from court security officers and probation officers to local police and sheriffs have the training and experience to bring contemnors into court. And unlike the marshals, these individuals would be responsible to the court alone.

Even a rogue marshal’s service, in other words, is not an insurmountable obstacle to courts enforcing the rule of law. If courts have the courage, the legal tools are there.

  Democracy Docket

UPDATE 03/17/2025:

Up in arms?  Does having our arms up - in surrender - count?  Asking for Republican Congressfolk - and 10 Democratic Senators.

UPDATE 03/17/2025:

UPDATE 03/17/2025:

Gonna be a blast radius on this....