The justices said no action should be taken to pursue the deportations of any alleged Venezuelan gang members in Texas under the rarely used wartime law.
The justices said no action should be taken to pursue the deportations of any alleged Venezuelan gang members in Texas under the rarely used wartime law.
No it’s not. The judiciary doesn’t have an enforcement arm. It’s troubling
It’s interesting that the one judge who was going to conduct his own contempt hearings also claimed the right to appoint a prosecutor if the Justice Department chooses not to. That process is on hold while the appeals court considers it. (Which is not surprising, it’s quite a big step and deserves some review). But if the appeals court allows it to go forward with an Independant prosecutor, then we might be getting somewhere.
Why do I keep hearing this?
Three branches all have enforment. In contempt of Congress or contempt of Court, the branches can deputize as many people as necessary to make arrears.
Because it’s not an arm of enforcement and has rarely been attempted
That’s not correct. Courts can appoint attorneys for enforcement, or issue a writ directly to law enforcement. In more extreme cases, they can deputize a citizen for enforcement. Boasberg has already preemptively stated that he would do so if the DoJ refuses to enforce a court order.
https://www.democracydocket.com/opinion/if-the-marshals-go-rogue-courts-have-other-ways-to-enforce-their-orders/
According to the link you posted, it is correct. The usual enforcement arm for the courts is the US Marshalls under the DOJ. However, they have other options that have never been tried.
So what’s stopping the President from ordering the FBI/Marshalls/etc from actively preventing the arrest of the person in contempt?
It’s in that same article. A judge may deputize someone to enforce a court order. That’s assuming the DoJ refuses, then the judge issues a writ that is ignored.
The US Marshalls of the DOJ is usually the enforcement arm for the judiciary.
Deputizing someone is an enforcement mechanism and not the enforcement arm.
Fair enough. You are technically correct. That’s not a roadblock, it’s just an additional step.