#Judges appointed by presidents of both parties have often agreed. None have taken punitive action to try to force #compliance, however, allowing the admin’s defiance of orders to go on for weeks or even months in some instances.

Outside #legal analysts say #courts typically are slow to begin #contempt proceedings for #noncompliance,
especially while their rulings are under appeal.

#Trump #law #judiciary #Constitution #democracy #SeparationOfPowers #Autocracy #AbuseOfPower

#Judges also are likely to be concerned, analysts say, that the US #Marshals Service — whose director is appointed by the president — might not serve subpoenas or take recalcitrant govt ofcls into custody if ordered to by the courts.

#Trump #law #judiciary #Constitution #democracy #SeparationOfPowers #Autocracy #AbuseOfPower

The allegations against the admin are crystallized in a #whistleblower complaint filed to #Congress late last month that accused #DOJ ofcls of ignoring court orders in #immigration cases, presenting #legal arguments with no basis in the #law & misrepresenting facts. #SCOTUS Justice Sonia #Sotomayor also chided the admin, writing that #Trump ofcls had “openly flouted” a judge’s order not to deport migrants to a country where they did not have citizenship.

#judiciary #democracy #Autocracy

The Post examined 337 lawsuits filed against the admin since #Trump returned to the White House & began a rapid-fire effort to reshape government programs & policy. As of mid-July, #courts had ruled against the admin in 165 of the lawsuits. The Post found that the admin is accused of defying or frustrating court oversight in 57 of those cases — almost 35%.

#law #judiciary #Constitution #democracy #SeparationOfPowers #Autocracy #AbuseOfPower

#Trump officials deny defying court orders, even as they accuse those who have issued them of “judicial tyranny.” When #SCOTUS in June restricted the circumstances under which presidential policies could be halted nationwide while they are challenged in court, Trump hailed the ruling as halting a “colossal abuse of power.”

#law #judiciary #Constitution #democracy #SeparationOfPowers #Autocracy #AbuseOfPower

…Retired federal judge & fmr #Watergate special prosecutor Paul Michel compared the situation to the summer of 1974, when #SCOTUS ordered President #Nixon to turn over Oval Office recordings as part of the Watergate investigation. Nixon initially refused, prompting fears of a #ConstitutionalCrisis, but ultimately complied.

“The current challenge is even bigger & more complicated because it involves hundreds of actions, not one subpoena for a set of tapes. We’re in new territory.”

#Trump #law

…“The #courts can’t enforce their own rulings — that has to be done by the executive branch,” said Michel, the fmr judge & Watergate special prosecutor.

He was referring to US #Marshals, the #ExecutiveBranch law enforcement personnel who carry out court orders related to #contempt proceedings, whether that is serving subpoenas or arresting officials whom a judge has ordered jailed for not complying.

#Trump #law #judiciary #Constitution #democracy #SeparationOfPowers #Autocracy #AbuseOfPower

Former #judges & other #legal experts said judges might be calculating that a confrontation over #contempt proceedings could result in the administration ordering #marshals to defy the #courts. That type of standoff could significantly undermine the #authority of judges.

#Trump #law #judiciary #Constitution #democracy #SeparationOfPowers #Autocracy #AbuseOfPower

The #SCOTUS June decision to scale back the ability of lower #courts to issue #NationwideInjunctions, & the administration’s success at persuading the justices to overturn about a dozen temporary blocks on its agenda in recent months, might only embolden #Trump officials to defy lower courts, several #legal experts said.

#law #judiciary #Constitution #democracy #SeparationOfPowers #Autocracy #AbuseOfPower

Justice #Sotomayor echoed that concern in a recent dissent when she accused #SCOTUS of “rewarding lawlessness” by allowing #Trump officials to deport immigrants to countries that are not their homelands. The conservative majority gave the green light, she noted, after Trump officials twice carried out deportations despite lower court orders blocking the moves.

#law #judiciary #Constitution #democracy #SeparationOfPowers #Autocracy #AbuseOfPower