In a corroding American democracyThere is still one protective fence. Court system. President Donald Trump tests him, pushes him, but has not rejected him aside so far.
From time to time, he encountered court orders – the judgments that restrained him, limited and told him no, you cannot always get what you want.
So far, Trump has stopped crossing the Democratic Rubicon, apparently defying a court order, a line that has not been violated by the US president in at least a century and a half.
“In the early departure here, the courts were our Savior,” said Harold Hongju Koh, a former dean at the Law School of Yale, professor of constitutional law and legal advisor to State Department during the Obama Presidency.
Yet: “We are able to break up the constitutional democracy.”
Trump has liberated a number of procedures that his critics call unconstitutional or illegal, speed and proportions unprecedented in recent history.
As a result, a dozen lawsuits They fly in each direction. And the president suffered More than a dozen Legal shortcomings of the last days.
The courts, at least temporarily, stopped his splashing approach US citizenship,, refusal to wear funds approved by Congress, shooting Auxiliary workers massively, deleting public health websitesand giving bank data of Americans Elon musk.
Trump’s answer? He will fight a democratic conventional way – an appeal. He complains about the judges, calling their actions exaggerated, but he did not cross that last limit.
“I always adhere to the courts,” Trump told reporters in an oval office on Tuesday, sitting next to a male, his assistant billionaire. “I’ll have to complain.”
Consigliere proposed well to go one step further. In an internet post, Musk suggested District judges who defies the “will of the people.”
Others advocate the battle.
On the right network of Newsmax, the host asked if it was time to neglect the courts and the conservative lawyer, in response, to answer the alternatives with direct defiance, congress investigations, and even freezing financing, so the judges could not pay to servants.
Other protective fences, one after the other
The reason why so many eyes are glued to Trump’s reaction is that other American Republic ramparts are falling apart.
Elections? Trump declares them if he loses. After the Allies tried to help him steal one, he deleted the consequences – a pardon More than 1,500 people attacked by US capitol on January 6, 2021.
Good luck with punishing political crimes. Between such increasing bravery pardonscombined with recent Supreme Court decisionThe president’s allies do not have a card without going out, but that’s close.
Impeachment? It’s a toothless tiger. After four presidential impersonation in history, it is now almost impossible to imagine an act that would realistically collect most of the Senate Senate with two -thirds to remove from duty.
Independent guard? FiredTrump, without legal procedure. One agency Inspector warned that Trump’s freezing on foreign assistance would cause death and stock of lost food. He is Released and now.
The axis of the executive commands of US President Donald Trump took over, resulted in 40 lawsuits, including one that successfully sought an emergency order to block access to the number of social security. Trump and his vice president say the move was illegal and they can neglect the command.
Police? He was fired two FBI directors And one IRS The commissioner, who otherwise has long -term conditions to prevent partisan political pressure.
Congress? 1st day Trump announced It would simply not be applied, 75 days, a law that requires the sale or exclusion of the Chinese application of the TICTOK. Congress didn’t blink. Republicans have just helped bring that law. They let Trump ignore him.
He was also accused of violating other laws with Spending stoppinghectic dismantling US Foreign Authority Agencynot following correctly procedures for shooting non -partisan civil servants and set up new rules for who will be American citizen.
Media? They squeezed with expensive lawsuitsincluding a nuisance suitpress to settle and see access to the cut off.
Associated Press said It must be clearly related to the Gulf of Mexican as the US Bay or to be banned from the oval office events.
“We have never seen a comparable, program indifference to or hostility in American history, or hostility to legal limitations that would usually refer to the Presidency,” said Peter Shane, a scholar of constitutional right at New York University who focuses on the powers of the Presidency.
“Watergate was a rope from this.”
Why Washington observes the courts
It leaves the courts. There are now many of these struggles now and, so far, Trump’s plans are becoming bruises.
No president sharply defied a court order from Civil warAlthough some legal scholars claim that it was Even longer.
The presidents are often grunting for a court judgment. They often look for holes and bypasses, as Joe Biden did with student loans. The Supreme Court blocked his debt forgiveness plan, so He redesigned him Using another program.
But the comments sent the cold through Washington the other day. Vice President JD Vance, graduate of the Yale Law School, proposed The latest judgments of the court were illegitimate.
What his social media post has done particularly striking is not just his legal background. That is that he was talking about this year, which means that it was not just some hectic considering tweet.
If the judge tried to tell the general how to perform a military surgery, it would be illegal.
If the judge tried to command the Attorney General to use his discretionary right as a prosecutor, it is also illegal.
The judges are not allowed to control the legitimate power of the executive power.
Back 2021Vance said he would call Trump to purify the civil service and replace it with his supporters. If the courts considered it illegal, Vance said, Trump should tell the courts to recharge, as Andrew Jackson did 190 years ago.
Again, Trump didn’t go that far. Insists that he wants to challenge his court defeat through the legal system.
And to be clear, this is exactly what Trump said two years ago.
In his campaignTrump specifically said he would challenge the constitutionality 1974 This forces the Presidents to spend the dollars that Congress approve of, as well as Birth of citizenship and Other things Now he is trying.
In one sign of exit before the courts, the administrative lawyers even recognized Creating errors in an earlier report – and apologized to the judge.
Trevor Morrison says the overall situation is concerned; Unseen, even in a way that aggressively and often Trump takes over the actions of many views as an external constitutional border.
But is it a constitutional crisis like some have suggested? We are not there yet, says Morrison, a dean Dean born in Canada at the Faculty of Law, University of New York, also a Constitutional lawyer, and an advisor at the Obama white house.
“I’m not sure I have a fully elaborate definition of” Constitutional Crisis “, and so I’m not sure if I would say we’re in one more. Because we don’t yet, I think, committed an open defiance by court order,” he said.
“But, you know, in numerous fronts and numerous areas of litigation, we are very, very close.”
What if the script is
There are hints of defiance of Trump administration.
Failed employees at USAID in litigation claimed to be Trump defiance court commands. Some administration officials are charged with Fail with other court orders.
In the second case the judge agreed The White House in the lawsuit was disrespectful, which included the freezing of federal financing. This judge even warned that the continuation of defiance could be a criminal contempt and quoted from the 1975 Supreme Court of 1975 decision on the need to be immediately followed by court commands.
And if not? Then we would get into the next phase, on the other side Rubicon; that constitutional without any countries.
At that moment, the courts could issue orders – perhaps decisions about contempt. From now on, Marshals would be sought to make orders. But that service sitting inside Trump’s Ministry of Justice.
Would the president order Marshal to defy his legal duty to execute a court order? “I don’t think we’re near that,” Morrison said. He hopes that “deescation” will be in the first place.
