Ignoring Court Orders & Constitutional Crisis

The issue of following court orders arose along with Trump assuring us he will follow them. One Trump bootlicker assured us any talk of a "constitutional crisis" is ridiculous. See also, Noah Feldman. 

Let me take these things in turn. First off, there is no real reason to take Trump at his word. 

Second, let us not try to parse dog whistles (or worse) like that of James David Vance. I think Steve Vladeck is great, but he is too cute here. 

Chris Geidner covers the various games that can be played to avoid following court orders or doing so in a half-hearted way. We know the drill. All those Warren Court opinions regarding civil rights, prayer in school, and police overreach were not simply followed.

Yes, it matters that we draw a hard line here -- it's akin to drawing the line at waterboarding in the torture debates -- since it is a core principle. We have not seen a blatant decision to ignore the courts akin to after Brown v. Board of Education. So far judges have slowed things down.

It's a long, long haul, and we should not be naive. This touches upon the "constitutional crisis" which is cumulative. Civil and criminal checks failed or only did so much. The one criminal conviction (which matters/is not trivial) was defanged per an "election waives liability" rule. Only others, and not just Michael Cohen, apparently should be liable.  

Once Trump was in office, he and his administration set forth a slew of unconstitutional and otherwise illegal orders. The possibility that the courts eventually will address some of the consequences (like trying to clean up a bag of pasta that scatters all over the place), while so many people and institutions suffer in the meanwhile, is of limited value.

It doesn't help when people and institutions help. Our constitutional system ultimately relies on "We the People" and our institutions. Congress (particularly Republicans) and the Supreme Court repeatedly failed us (impeachment, insurrection disqualification,* and immunity). The media soft-soaped things. The voters didn't care or show up.

As Chris Geidner summarizes:

It is important to realize that many of the administration’s so-called “wins” in the first three weeks have come when entities preemptively accede to Trump’s wishes without even challenging them. Whether you refer to it as “obeying in advance,” to use Timothy Snyder’s turn of phrase or one of the less appropriate phrases that I have used at times, it’s that. The White House put out press statements promoting the NCAA giving in to the threats in Trump’s anti-trans sports order and a small handful of hospitals reviewing or stopping the provision of gender-affirming medical care for minors after that anti-trans order. And, of course, Google Maps forced me to see “Gulf of America” on my phone on Monday night.

Also, multiple Trump's frivolous media lawsuits are being settled because the people and institutions fear him. This is understandable but dangerous as well as disappointing. And, again, a civic failure.

Geidner correctly tells us not to lose faith in democracy. Democracy is not merely majority rule and voting. It is a set of institutions, principles, and values. A Vladeck comment also provided good advice:

1) stay informed - read Timothy Snyder for ways to oppose autocracy, read how tyrants fall by Dirsus, read about what others have done historically - Havel and charter 77, read Applebaum and HCR; 2) stay connected with pro-democracy community, as you are; 3) attend lawful protests when your schedule permits - they are happening all over the nation but not reported by frequently by mainstream media; 4) write and call elected leaders - the impact of this is minimal but not trivial; there have been some surprising comments resulting from constituent push back; 5) don’t reflexively oppose all positions - only those that are important to you and threaten democracy. 6) don’t despair - remain hopeful and strong.

Meanwhile, keep healthy in your own lives, be good people, and root for the Mets. Well, maybe you can root for other teams too (I guess), and keep your mental health by enjoying the usual good things in life. One day at a time. 

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* Congress could have passed enforcement legislation even if Trump v. Anderson wrongly tied the hands of state institutions. States still have the power to enforce the insurrection limitations for state offices.

This issue is going to come up again since 1/6 participants are going to run for public office and hold public offices. If they had previously sworn to uphold the Constitution before 1/6, they are still disqualified.

A presidential pardon does not waive the disqualification.