Defying the Courts Will Backfire - The Atlantic

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Trump Administration's Defiance of Courts

The Trump administration's actions, such as invoking the Alien Enemies Act for deportations without due process, have led to multiple court challenges. The administration's refusal to comply with court orders, claiming state secrets, raises concerns about a constitutional crisis.

Legal Challenges and Remedies

Plaintiffs in various cases, including the ACLU, have had to return to court to enforce prior orders. While the administration claims to abide by court orders through appeals, its actions contradict this claim. The article highlights successful past cases where contempt proceedings and public pressure led to compliance and political consequences.

Potential Constitutional Crisis

The article emphasizes the danger of Trump's attacks on lawyers and judges, who serve as checks on executive power. If the president openly defies court orders, impeachment is suggested as a remedy, while citizen engagement and voting are presented as additional checks and balances.

Examples of Defiance and Responses

  • Deportations under the Alien Enemies Act, defying a court-ordered pause.
  • Freezing USAID funds and threats to medical facilities treating transgender youth.
  • Targeting lawyers and law firms for representing political opponents.

Past successful actions include contempt proceedings against Sheriff Joe Arpaio and Kansas Secretary of State Kris Kobach, illustrating how these legal and political strategies can compel compliance. The article concludes that while the constitutional system faces challenges, tools to constrain abuse remain available.

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