“Obedience to specific court orders is what keeps us from being a banana republic or fascist dictatorship. That’s a really big deal.”
It took little more than a week in office for President Donald Trump to thrust the nation to the brink of a constitutional crisis.
Late Friday, Trump issued an executive order forbidding millions of refugees, hundreds of thousands of visitors and 500,000 legal immigrants from seven majority-Muslim countries from entering the United States. Over the following 48 hours, massive protests erupted in cities and airports nationwide, courts temporarily blocked major parts of the order, the administration defied the courts and Democrats called for an investigation into the administration’s defiance. As the weekend drew to a close, an anonymous White House official proclaimed the whole episode a “massive success story.”
The federal courts thought otherwise. On Saturday night, a judge in Brooklynordered the Trump administration to stop deporting refugees and visitors immigration authorities had previously cleared to enter the country. Two judges in Massachusetts ordered that travelers who were legally authorized to be in the United States shouldn’t be detained at or deported from Logan International Airportfor a period of seven days. A judge in Seattle halted the deportation of two travelers. And a judge in Virginia issued an order requiring the administration to allow lawyers access to lawful permanent residents — also known as green card holders — whom Customs and Border Protection agents had detained at Dulles International Airport on Trump’s instructions.
When federal judges rule, government officials — up to and including the president — are supposed to obey or risk being held in contempt of court. A government that ignored the courts would be able to violate the law and the Constitution at will. So for more than two centuries, the nation’s courts have had the last word on what’s legal and constitutional — and what is not. “We are and will remain in compliance with judicial orders,” the Department of Homeland Securitysaid in a statement Sunday evening.
But there was little indication that the Trump administration has fully complied with the court orders — or that Trump’s inner circle even believed the administration had to do so.
Disobeying a court order “is a big deal for any government official — federal, state, local, executive, legislative, whatever,” said Abner Greene, a law professor at Fordham University. “Obedience to specific court orders is what keeps us from being a banana republic or fascist dictatorship. That’s a really big deal.”
The chaos “doesn’t just risk a constitutional crisis,” argued Michael Dorf, a professor at Cornell Law School. “Assuming the report is accurate, it creates one.” If the Trump administration believes that the court orders limiting the president’s executive order are unlawful, it can file an emergency appeal, Dorf noted. But “outright defiance,” he added, “can only be deemed disrespect for the rule of law.”
More: It Took Donald Trump 8 Days To Bring The U.S. To The Brink Of A Constitutional Crisis
Trump obviously believes that he is above the law. He must be quickly and clearly shown that he isn't.
It took little more than a week in office for President Donald Trump to thrust the nation to the brink of a constitutional crisis.
Late Friday, Trump issued an executive order forbidding millions of refugees, hundreds of thousands of visitors and 500,000 legal immigrants from seven majority-Muslim countries from entering the United States. Over the following 48 hours, massive protests erupted in cities and airports nationwide, courts temporarily blocked major parts of the order, the administration defied the courts and Democrats called for an investigation into the administration’s defiance. As the weekend drew to a close, an anonymous White House official proclaimed the whole episode a “massive success story.”
The federal courts thought otherwise. On Saturday night, a judge in Brooklynordered the Trump administration to stop deporting refugees and visitors immigration authorities had previously cleared to enter the country. Two judges in Massachusetts ordered that travelers who were legally authorized to be in the United States shouldn’t be detained at or deported from Logan International Airportfor a period of seven days. A judge in Seattle halted the deportation of two travelers. And a judge in Virginia issued an order requiring the administration to allow lawyers access to lawful permanent residents — also known as green card holders — whom Customs and Border Protection agents had detained at Dulles International Airport on Trump’s instructions.
When federal judges rule, government officials — up to and including the president — are supposed to obey or risk being held in contempt of court. A government that ignored the courts would be able to violate the law and the Constitution at will. So for more than two centuries, the nation’s courts have had the last word on what’s legal and constitutional — and what is not. “We are and will remain in compliance with judicial orders,” the Department of Homeland Securitysaid in a statement Sunday evening.
But there was little indication that the Trump administration has fully complied with the court orders — or that Trump’s inner circle even believed the administration had to do so.
Disobeying a court order “is a big deal for any government official — federal, state, local, executive, legislative, whatever,” said Abner Greene, a law professor at Fordham University. “Obedience to specific court orders is what keeps us from being a banana republic or fascist dictatorship. That’s a really big deal.”
The chaos “doesn’t just risk a constitutional crisis,” argued Michael Dorf, a professor at Cornell Law School. “Assuming the report is accurate, it creates one.” If the Trump administration believes that the court orders limiting the president’s executive order are unlawful, it can file an emergency appeal, Dorf noted. But “outright defiance,” he added, “can only be deemed disrespect for the rule of law.”
More: It Took Donald Trump 8 Days To Bring The U.S. To The Brink Of A Constitutional Crisis
Trump obviously believes that he is above the law. He must be quickly and clearly shown that he isn't.
