Via Randy Barnett, an excellent thread by Prof. Margo Cleveland, reproduced below [at link]
I think she’s absolutely right. While simply ignoring court orders he believes improper is a response open to the Executive — and a legitimate one in extreme cases — it’s a last resort, and without a huge record it’s likely to play badly with important constituencies.
It’s true, of course, that in the landmark case of Marbury v. Madison, Chief Justice Marshall was moved to extreme cleverness by President Jefferson’s explicit and public threat to disobey a court order to turn over Marbury’s commission, but the courts were much weaker politically then than they are now. Though if things continue in this fashion much longer, that may no longer be true. Which is another reason for Trump to play it mildly so far.
Right now lots of people are calling for the impeachment of lower-court judges who flout the law, of which there seem to be many. (And no, the law is not to be found in citations to Taylor Swift or Hamilton.) But I think impeachment is a mistake.
Join the conversation as a VIP Member