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Cause, on 19 March 2025 - 05:09 PM, said:
The DOJ says the judge who is trying to determine if the goverment defied his ruling is 'beating a dead horse' asking for details to determine if his order was violated and if so how flagrant it was.
Constitutional crisis or some sever contempt of court punishments seems likely soon.
Constitutional crisis or some sever contempt of court punishments seems likely soon.
Quote
Legal scholars say that the nation has reached a tipping point and that the right question is not whether there is a [constitutional] crisis, but rather how much damage it will cause.
"If anyone is being detained or removed based on the administration's assertion that it can do so without judicial review or due process," said Jamal Greene, a law professor at Columbia, "the president is asserting dictatorial power and 'constitutional crisis' doesn't capture the gravity of the situation."
[...] Aziz Huq, a law professor at the University of Chicago, said that assessing whether a given development is a constitutional crisis is "generally unhelpful."
"I think it's more useful to say that this is moving us into a completely different kind of constitutional order, one that's no longer characterized by laws that bind officials and that can be enforced," Professor Huq said. "The law, in other words, becomes a tool to harm enemies, but not to bind those who govern. That is a quite different constitutional order from the one that we've had for a long time."
https://www.nytimes....mpeachment.html
"If anyone is being detained or removed based on the administration's assertion that it can do so without judicial review or due process," said Jamal Greene, a law professor at Columbia, "the president is asserting dictatorial power and 'constitutional crisis' doesn't capture the gravity of the situation."
[...] Aziz Huq, a law professor at the University of Chicago, said that assessing whether a given development is a constitutional crisis is "generally unhelpful."
"I think it's more useful to say that this is moving us into a completely different kind of constitutional order, one that's no longer characterized by laws that bind officials and that can be enforced," Professor Huq said. "The law, in other words, becomes a tool to harm enemies, but not to bind those who govern. That is a quite different constitutional order from the one that we've had for a long time."
https://www.nytimes....mpeachment.html
No sign yet of mass defections in federal law enforcement or any sort of partial coup on the part of law enforcement or the military to at least for the executive to comply with judicial orders. Would a partial coup (basically, the military telling Trump that they will intervene to stop him from defying court orders) extending over the course of Trump's presidency really be feasible? Probably not. Would Trump be willing to risk civil war if he could only command illegal loyalty from a small percentage of the military? How far can he push into illegality before the military would consider intervening?
Given the unpopularity of DOGE and inflationary tariffs, the Republicans would probably do very badly in free and fair midterm elections. Trump will probably try to intervene in blatantly illegal ways. Will anyone in military command try to draw the line there?
Then again, thinking the military would be willing to step in, even if those willing to do so would have a major advantage over Trump's absolute loyalists, is probably wishful thinking. As is a general strike in the United States.
