A federal appeals court has ruled President Donald Trump cannot use an 18th-century wartime law to speed the deportations of people his administration accuses of membership in a Venezuelan gang.
This is false, and I wish people would stop saying it. It’s worse than that. They are still complicit because they won’t use their enforcement mechanism.
The courts have the authority to deputize as many as they need to see a court order carried out. This has been rarely done, as the US Marshalls usually carry it out. However, the US Marshalls are under the Executive branch and the Executive has the final say with them.
The deputies of a court do not fall under the executive.
It’s like if someone was breaking into all the houses on the street, setting them on fire, and stabbing the inhabitants while the police stand around going “stop, eh”
Okay, the courts deputize 300 people to go try and compel the executive to follow the law - then what? They accuse Trump with contempt of court, serve him papers, threaten to seize assets, or even arrest him? All of this has been tried before. How do you see this playing out?
At the heart of the comment you replied to is an implicit claim “a judicial that has nothing other than legal and procedural means is doomed to fail against Trump”. And all you’ve pointed out is that there are various other legal and procedural means they have yet to try. This is the cursed slogan of liberals who’ve watched Trump piss on every legal proceeding over the past 10+ years.
Political power grows out of the barrel of a gun. Until the courts have guns, they’re toothless. Trump has subsumed the American legal system.
This blind faith that our “rugged”, “resilient”, and “pragmatic” system will somehow automatically course correct and steer us out of this fascist devolution is pure liberalism. The genie is out of the bottle.
It’s almost like the power of the courts rely on people being essentially good faith actors within the system. They have no enforcement mechanism.
This is false, and I wish people would stop saying it. It’s worse than that. They are still complicit because they won’t use their enforcement mechanism.
The courts have the authority to deputize as many as they need to see a court order carried out. This has been rarely done, as the US Marshalls usually carry it out. However, the US Marshalls are under the Executive branch and the Executive has the final say with them.
The deputies of a court do not fall under the executive.
It’s like if someone was breaking into all the houses on the street, setting them on fire, and stabbing the inhabitants while the police stand around going “stop, eh”
Okay, the courts deputize 300 people to go try and compel the executive to follow the law - then what? They accuse Trump with contempt of court, serve him papers, threaten to seize assets, or even arrest him? All of this has been tried before. How do you see this playing out?
At the heart of the comment you replied to is an implicit claim “a judicial that has nothing other than legal and procedural means is doomed to fail against Trump”. And all you’ve pointed out is that there are various other legal and procedural means they have yet to try. This is the cursed slogan of liberals who’ve watched Trump piss on every legal proceeding over the past 10+ years.
Political power grows out of the barrel of a gun. Until the courts have guns, they’re toothless. Trump has subsumed the American legal system.
This blind faith that our “rugged”, “resilient”, and “pragmatic” system will somehow automatically course correct and steer us out of this fascist devolution is pure liberalism. The genie is out of the bottle.