Photo: Time Ukraine Israel
A number of lawyers warn that the unwillingness of the Donald Trump administration to comply with court decisions, and sometimes even outright refusal to do so, threatens to escalate into a serious constitutional crisis.
Why it matters: Federal courts have repeatedly pointed out that the Trump administration is not taking sufficient steps to comply with their orders. However, the courts have the tools to hold the executive branch accountable, experts say.
Case study: The US Supreme Court has ordered the administration to facilitate the return to the US of Kilmar Armando Abrego Garcia, a Maryland resident who was wrongly deported to El Salvador. However, officials say that this decision does not oblige them to return him, despite losing appeals.
“The claim that they are following the decisions of the Supreme Court or the district courts is absurd,” says David Noll, a law professor at Rutgers University. “They are effectively ignoring the court,” he adds.
Recent developments: The Trump administration is facing contempt of court charges over the Abrego Garcia case and another immigration case.
U.S. District Court Judge James Boasberg recently stated that he has grounds to hold the administration in contempt of court for failing to comply with his order to halt deportation flights to El Salvador for individuals believed to be members of a Venezuelan gang. The administration justified these deportations by claiming that the planes were already in international airspace and that the judge’s order did not apply to them.
At the same time, Judge Paula Xinis threatened the administration with contempt of court charges for failing to comply with her order to return Abrego Garcia to the United States.
The administration’s position: White House spokesman Harrison Fields said that the administration “fully complies with the Supreme Court’s rulings”. According to him, the US courts do not have the authority to force the president to put pressure on a foreign country to return a person believed to be a member of the MS-13 gang. He also noted that President Trump had discussed the issue with El Salvadoran President Nayib Buchele, who made it clear that El Salvador would not return the person.
What can the courts do?
According to the Brennan Centre, federal courts have broad powers to determine contempt of court. The process usually begins with the judge issuing an order requiring the government to explain why it is not complying with the decision. In Abrego Garcia’s case, the court will likely first determine who makes decisions in the administration.
Context: There are two types of contempt of court – civil and criminal.
- Civil contempt is intended to force a party to comply with a court decision. It is not subject to presidential pardon.
- Criminal contempt is a penalty for contempt of the judiciary, but can be overturned by a presidential pardon.
According to law professor Nicholas Parrillo, the federal government often does not comply with court orders perfectly. Nevertheless, courts are willing to hold government agencies or officials in contempt. Even if higher courts overturn fines, contempt charges have a significant “shaming effect” that acts as a deterrent.
The problem: “We have few precedents for the power of public censure losing its impact,” Noll says, citing Parrillo’s research.
Who enforces the decisions?
In civil cases, courts have broad powers to impose sanctions such as fines, asset freezes or even arrest. Arrest is usually a last resort when other methods fail.
Point of tension: Enforcement of court orders is the responsibility of the US Marshals Service, which reports to the Department of Justice and therefore to the president. According to Erwin Chemerinsky, dean of the University of California, Berkeley School of Law, if Trump orders the Justice Department to ignore court decisions, it could trigger a full-blown constitutional crisis.
Former federal judge Nancy Gertner expressed a similar view, noting that if Trump directly ordered the country not to comply with court decisions, the country would face a crisis.
A rare scenario: In extreme cases, courts may delegate the enforcement of their decisions to law enforcement agencies other than marshals. However, such cases have occurred only in the distant past, for example, in the 19th or early 20th century.
What’s next?
For now, the situation remains tense. If the Trump administration continues to ignore court rulings, the courts may take tougher measures, which could deepen the conflict between the branches of government. At the same time, experts emphasise that the judiciary has enough tools to protect its credibility, even in a confrontation with the executive branch.
Author : Aleksandr Potetiuiev
