It would fall to the U.S. Marshals Service — which is part of the Department of Justice — to enforce a judge’s order. But “if Trump wanted to fully not comply, he could direct the Department of Justice not to comply. At that point, you have a full-on constitutional crisis,” Gertner said.

“Congress, ultimately, is the arm of our government that enacts statutes. And if the president is claiming authority under a statute to do X and Congress disagrees, Congress can amend the statute and say, you don’t have the power,” she said.

However, Republicans, faithful to Trump, control both the House and Senate, so opposition is unlikely.

  • pelespiritOPM
    link
    fedilink
    English
    arrow-up
    11
    ·
    edit-2
    1 day ago

    I’m trying not to be pessimistic, but they’re saying we’re fucked. They even give an example:

    Still, there have been times presidents have ignored Supreme Court decisions, rendering them essentially unenforceable.

    In 1832, the Supreme Court overturned the conviction of a missionary living with the Cherokee Nation for refusing to take an oath to obey the laws of Georgia. Chief Justice John Marshall found that the Cherokee Nation constituted an independent political community and didn’t have to follow Georgia’s laws. President Andrew Jackson ignored that ruling on the Cherokee’s independence and launched the forced migration of the Cherokee Nation known as the Trail of Tears.

    The nation has to scream loud about what’s happening. I bet most of the country doesn’t even know.

    Edit: Please tell me I’m wrong about being pessimistic.