3/3 Even if you genuinely think that this administration will obey court orders at the end of this very long process, the administration will still have achieved most of what it seeks. The courts might help at the margins, but they will not be the saviors here. - ThreadSky

joshchafetz.bsky.social • 30 days ago

3/3 Even if you genuinely think that this administration will obey court orders at the end of this very long process, the administration will still have achieved most of what it seeks. The courts might help at the margins, but they will not be the saviors here.

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merlerip.bsky.social•30 days ago

I don't think the courts will be our saviors either. I *do* think that plaintiffs' lawyers can start playing hardball with lawyers signing the pleadings by filing for Rule 11 sanctions as @emptywheel.bsky.social explains.

No quick fix, but inflicting hurt might.
https://www.emptywheel.net/2025/02/15/aggressive-defense-of-the-rule-of-law/

bobwestal.bsky.social•29 days ago

To me, whether or not the administration will obey court orders is the nub of the matter. As activists, we have to encourage people to have some hope in order to motivate actions. However, without any known mechanism to force the regime to comply, why should we expect them to, at all? Any answers?

dawnddurante.bsky.social•29 days ago

Courts have numerous ways to enforce orders. Brave people will have to follow through on their oath to the Constitution.

bobwestal.bsky.social•29 days ago

I have to go now but I read a little further into the artile and it did mention how people lower down the pecking order could be disbarred or otherwise punished. But, absent punishment for leaders, how does *anyone* no matter how brave, actually force a POTUS to comply or leave office?

janellebelle.bsky.social•29 days ago

This. 👆

dsc250.bsky.social•30 days ago

Litigation takes a loooong time. We law profs/lawyers often forget that.

joshchafetz.bsky.social•30 days ago

#NotAllLawProfs https://www.law.georgetown.edu/georgetown-law-journal/in-print/volume-110/volume-110-issue-1-october-2021/nixon-trump-strategies-of-judicial-aggrandizement/

zekeinthesun.bsky.social•30 days ago

https://x.com/googeliart/status/1890862115008741870?s=10

zathras5.bsky.social•29 days ago

This long thread by @rparloff.bsky.social shows Judge Chutkan grappling (and apparently being overwhelmed by) this very problem today. By the time harm can be proven to a legal standard, no remedy remains. https://bsky.app/profile/rparloff.bsky.social/post/3lif3oqw3ok2j

paulmcgreal.bsky.social•30 days ago

Great point. It’s like not watering a plant, the plant dies, and then you’re ordered to start watering the plant again. Watering won’t bring the plant back. You have to replant, which will take time, and may not be possible.

alahav.bsky.social•30 days ago

I don't disagree with you but I think that the power of courts here is to make clear the illegality and the stakes. Hearings, evidence, orders ignored may spur movement action.

joshchafetz.bsky.social•30 days ago

Yeah, that's the help at the margins. But we don't need to wait for courts to say that what Trump/Musk are doing is blatantly illegal in many cases. And we shouldn't act like it's an open question until the judges weigh in.

kovarsky.bsky.social•29 days ago

Even if it were to take a very long time to collect on civil contempt, wouldn't the incentive effect kick in - albeit discounted somewhat - immediately?

alahav.bsky.social•30 days ago

Completely agree. And in a world of misinformation I'm not sure how it will work, but having a judge appointed by Trump reject actions as illegal has real value. Just like the prosecutor actions this week.

edswaine.bsky.social•30 days ago

Ah, its mention that Nixon cooperated despite knowing it would end his presidency: the cooperation is notable, but also the quaint certainty that the tapes could (and did) cause Nixon's congressional support to evaporate, not lock arms.

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