Trump's shock and awe campaign rocks the courts

[marmar]

Trump's shock and awe campaign rocks the courts
Brennan Center lawyer explains "there are a number of tools that judges have access to for enforcement purposes"

By Chauncey DeVega
Senior Writer
Published February 14, 2025 5:45AM (EST)


(Salon) Donald Trump’s shock and awe campaign has many targets. These include but are not limited to the country’s democracy, political and social institutions, the social safety net, the economy, the American people’s sense of normalcy and routine and overall physical and emotional health, the Constitution and the rule of law.

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Ultimately, a country where the law is defined by the personal imperatives of a given leader, who himself is above and outside of the rule of law, while simultaneously able to wield the law against their “enemies” and in service to his interests (and corrupt power more broadly), is a form of despotism. One of America’s central myths and legitimating narratives as “the greatest country on Earth” and “the world’s leading democracy” was and is that in this country no one is above the law. In a very short amount of time, Trump has exposed that myth for the lie that it is. In a darkly ironic way, Trump has performed a type of public service for those Americans and a culture who were invested in such childish fiction.

In an attempt to make better sense of President Trump and his administration’s use of executive orders and their legality and power, how Trump is challenging (if not outright breaking) basic and long-held foundational understandings and norms about the Constitution, the rule of law and the presidency and what the courts could potentially do to rein in a president or other member of the executive branch who refuses to comply with their orders and legal rulings, I recently spoke with Douglas Keith. He is senior counsel at the Brennan Center’s Judiciary program, which works to promote fair, diverse and impartial courts. Keith is also a founding editor of State Court Report, a Brennan Center publication focused on state courts and state constitutional law.

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Many court cases have been filed against Trump's executive orders and other edicts. For example, judges have put a pause on his attempts to freeze federal loans, grants, and other funding because it violates Congress' exclusive "power of the purse." A judge has also put a hold on Trump's attempts to overturn the 14th Amendment of the Constitution. Trump and his mouthpieces, including Vice President Vance, are signaling, if not explicitly stating that they will likely refuse to follow the court orders they disagree with. What enforcement powers do judges have if such a nightmare scenario occurs?

.....In terms of what happens if a court order is not obeyed, there are a number of tools that judges have access to for enforcement purposes. Judges have contempt power and can issue fines or even arrest individuals who refuse to comply with a court order. Judges do this all the time with people appearing before them. A given judge may be more reluctant to do that when it comes to an executive branch official, but it would not be the first time that a judge held an executive branch official in contempt. These tools have been given to judges in our system of law because there's an understanding that the parties involved are not always going to follow their orders, and judges need tools to enforce their orders. .........................(more)

https://www.salon.com/2025/02/14/its-political-and-legal-strategy-takes-his-shock-and-awe-campaign-to-the-courts/

[no_hypocrisy]

1. If it's any solace, statistically the DOJ and Solicitor General

may not necessarily have the best legal team ready to go to court to challenge the myriad of state legal challenges.

Exhibit One: Any newly hired attorney has to pledge allegiance to the TSF which doesn't necessarily mean they were law review candidates. This is complicated constitutional law and they may not be up for the game. Especially if they came from Liberty University Law School or Regent.