The new Trump administration may be heading in a disobedient to the opposing court order. If they run away and run away, there may be terrible results in our constitutional system. The executive who is not arrested by the court order is ultimately not arrested by the Constitution and Law.
According to the evidence, the Trump administration indicates that three separate cases are violating court orders. Rod Island Federal Court I ruled They violated the previous order to prohibit Trump’s funding for federal subsidies. There are also signs of violating the court order for the policy of freezing federal subsidies. National Institute of Health and FEMA.
At the same time, the best administrative management including the vice president JD Vance Implied The administration has the authority to violate the court order. Say so “JJ][UDGEScannotcontrolthelegislativeforce”TrumpadvisorStephenMiller[Udgesaren’TallowedtoControlthexExExExecretitimatimatepower[Udges는경영진의정당한힘을통제할수없습니다”트럼프고문스티븐밀러[udgesaren’tallowedtocontroltheexecutive’slegitimatepower”TopTrumpadviserStephenMillerI insist “The Constitution does not apply to the Constitution that an unsuccessful local judge can assume decision -making control of the entire administration.” This is with Miller himself with other conservatives- We supported similar litigation and judicial orders. About BIDEN administrative policies such as student loan forgiveness.
It is not completely clear that the administration plans to systematically ignore the court order. The violation that has occurred so far may be incompetent or the result of disorder. And it is possible The statement of the vance is analyzed By supporting the challenge of judicial judgment. However, the combination of various violations and statements of higher civil servants seems to forgive such behavior. It is easy to say that Vance and other administrative officials do not mean that they actually support the challenge of judicial judgment.
The federal court decision, which blocks the implementation of illegal administrative policies, is the basic element of our judicial review system. Article 3 of the Constitution Say it “Judicial authority must be expanded to all cases, laws and equality, according to the Constitution, the US law, and the treaty under the treaty.” This obviously includes cases of challenging the legitimacy of policies adopted by management. And clearly, the court cannot effectively exercise the authority if it can freely ignore the ruling that the administration (or others) does not like.
Some defenders for Trump’s behavior cite BIDEN’s policy of forgiveness of student loans as a kind of precedent. Viden I was proud Supreme Court (correct) judgment Viden vs. Missouri I couldn’t forgive the student loan saying, “I didn’t stop me.” Nevertheless, when the court ruled that the court had no authority to participate in large -scale lending forgiveness in 2003, Biden obeyed the ruling. He tried to participate in large -scale lending forgiveness in accordance with other laws, the Higher Education Act. But when the court ruled as expected, Biden also obeyed the ruling when BIDEN ruled that he could not carry out a large loan forgiveness according to HEA.
Biden’s behavior was repeated and illegal in the student loan Saga, and I I said so at the time. But he did not disobey the court order, as Trump could do it now.
If the president can ignore or ignore the court order for himself, the executive will not have legal constraints on the behavior, including the Constitution. It can infringe on the constitutional rights and convene the authority of the parliament (in relation to the extensive assault on spending power). In this scenario, we will no longer have a constitutionally limited federal government, except for the name.
We are not there yet. But in order to prevent this, the court, major political actors -preferably the administrative rebellion against the judicial judgment is unacceptable and unbearable. Trump can be forced to step down from this very dangerous cliff. There is still a willingness to make him enough to make him.
