On my last post about Biden ignoring the Supreme Court and imposing a new eviction moratorium, reader RT left this comment:
What will Chief Justice John Roberts do?
That will tell you how this CONSTITUTIONAL CRISIS will be resolved.
What needs to be resolved? Whether SCOTUS and the US Court System are still Equal Independent Powers under the US Constitution. Or is SCOTUS just a debating society that can be ignored by the Exective.Branch when convenient?
Chief Justice Roberts has to call the Court back into session this week, or admit that his “deep concerns” about the power and legitimacy of SCOTUS he expressed as he ducked hard decisions and even changed his vote are absolute BS. He will confirm he is a pusillanimous failure.
Chief Justice John Roberts will DESTROY SCOTUS if he does not act.
Minority Leaders McConnell and McCarthy both better get off their butts and start screaming loud and hard, or the Congress will soon be neutered like the US Court System.
Here is my idea, and I don’t know if it will require a Constitutional Amendment or not. If it doesn’t, this needs to be a top priority for Republicans if they ever regain the government.
Create a federal law enforcement agency that is under the control of the Supreme Court and answers to the Chief Justice.
Much how the Capitol Police are answerable to Congress and the Speaker of the House.
The Federal Bailiffs (my proposed name) will have the powers of arrest within the jurisdiction of the United States of any government official who violates an order of the Supreme Court.
The Court will have its own set of teeth to enforce decisions.
If a president or governor or whomever ignores the Supreme Court, the Court can have that person arrested.
This next part probably will require a Constitutional Amendment, but I’d go so far as to say that the Court’s arrest of a president automatically compels impeachment. The House doesn’t necessarily have to indict and send to the senate, but the House has to at least hold the hearing.
The Court needs to have the tools to enforce their decisions as a co-equal branch of government. Without teeth it can be ignored.
As envisioned by the founders, the police force you’re talking about was supposed to be the militia.
Those favoring the other side in the Federalist/Anti-Federalist argument would say that the standing army would be that force. It’s why they swear an oath the the Constitution rather than the president directly.
Per Article II, Section 2, Clause I of the Constitution, the president of the United States is “Commander in Chief of the Army and Navy of the United States, and of the militia of the several States, when called into the actual Service of the United States.”
So while the national armed forces might be under oath to defend the Constitution, they’re also required by that same oath to respect the chain of command… and the Chief Justice isn’t in the chain.
Article III grants that “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” and one could easily argue that under common law, going back to both the Saxons and the Normans, a Bailiff or Reeve responsible for executing the decisions of a court is a necessary part of “the judicial Power.”
The Supreme Court of the United States Police is an already existing federal law enforcement agency that derives its authority from United States Code 40 U.S.C. 6121. There’s about 200 men and women in the agency, they mostly just guard the courthouse itself and various auxiliary buildings… But, damn, I’d like to see them marching into 1600 Pennsylvania Avenue with an arrest warrant.
How many Divisions has SCOTUS?
Why, ALL of them, good sir.
Interesting thought.
I wonder what would happen if Roberts called up the Joint Chiefs and asked them to arrest Biden. I also wonder how, assuming they agreed to do so, the Secret Service reacts.
Short version … I’m thinking “messy” wouldn’t begin to cover it. But “messy” doesn’t mitigate “necessary.”
In a sane world, the Joint Chiefs would listen to him politely, say “No can do.” and hang up the phone. Perhaps they might also refer him to 18 U.S.C. § 1385…
But, well, this is not a sane world.
I could go for Wanted, Dead or Alive posters for dozens of DC swamp dwellers, Rino and Demoncrat.
Originally, that would have been the US Marshals. As they were supposed to serve court orders.
And what happens when the Supreme Court under one form or another decides to send out its own police force to enforce some sort of court order that we don’t approve of?
What really needs to happen is that citizens and local and state governments need to grow a set and even take matters into their own hands or start ignoring these blatant injustices.
I would not give this supreme court or any of them after some of the absolutely terrible decisions like Dred Scott and so many others another ounce of power. In fact, I would like to see her some states flat out ignore the Supreme Court on issues where they have been so blatantly wrong.
Another federal police agency? YOU are more dangerous than most Democrats.
J.Kb: if I may quote back at you, the caption of the previous post, “after the threat is neutralized, don’t let your emotions get the better of you”.
Even if that emotion is righteous anger.
Today, I began to wonder if (a) Xiao Bribem is a “Manchurian candidate” (dyswidt?), and/or (b) if his puppeteers *really* want things to go kinetic.
Interestingly, news reports, in the last couple of days have illustrated an assymetric response to Xiao’s “jet planes and atomic bombs” conversational gambit.
Matt Bracken, I think, asked the question of what Jim-Bob might do, with his av gas tanker delivering to, say, McDill, after Uncle Cletus, Aunt Sally, and all his neices & nephews were immolated in the fireball that took out all the deplorable a in Witchita?
And, would *you* want to sortie in that chopper, once it was filled with Jim-Bob’s load of av gas?
There’s no need for a new bunch of federales. Like as has been noted, SCOTUS has a security police force and U.S. Marshals handle federal process too.
IIRC SCOTUS has the power to subpoena even POTUS
And there’s federal rules for civil contempt of court, which this assuredly is.
https://www.law.cornell.edu/wex/contempt_of_court
“Under the Federal Rules of Civil Procedure (FRCP) Rule 70, a party that fails to perform a specific act, in accordance with a judgement by a court, can be charged with contempt‘
Also, I think SCOTUS could grant relief to anyone who the CDC would fine for not following their edict
The issue is that it takes a six figure legal bill and years for SCOTUS to hear a case.
First the Chief Justice needs to act. Will he?
Here is some more background on the actual previous case that I didn’t know earlier today.
https://twitchy.com/gregp-3534/2021/08/04/this-thread-explains-what-scotus-did-and-more-importantly-didnt-do-in-regard-to-the-cdc-eviction-moratorium/
ATC is a regular at AOSHQ. She points out SCOTUS never actually ruled on the constitutionality of the moratorium. But Kavanaugh definitely hinted at their opinion. Bet he fills like a buffoon not anticipating that the Democrats would keep up the moratorium past the July 1 end date. Joe Biden even admitted it is unconstitutional, but he said he was doing it anyway and F the Constitution. That is pretty damned in your face blatant. Also, the Emergency Order ends Oct 3, and Scotus is back in session Oct 4. Coincidence?
Could they relitigate the stay of the old moratorium? Or take jurisdiction of the first new complaint? Ask for briefs, schedule oral arguments. since this is their actual recess break, they could move very quickly, since there is nothing on their docket.
Will they? Will Chief Justice John Roberts use this and demonstrate his precious court is not a scared timid lapdog? Or will he hide under his doggy bed blankets? “No Standing.” “No actual damges Yet.” “The issue is mooted as the EO is expired.”
How about, “This is a Significant Constitutional Question. It was even said to be a Constitutional Issue by the US President Joseph R. Biden. We will work expeditiously with the Executive Baranch, The CDC, and the plaintiffs to resolve the Constitutionality of it during this COVID19 Emergency. The American People are owed this.”
I doubt that Chief Roberts would recognize a Constitutional principle if it conked him on the head. He certainly has never shown any appreciation or respect for the Constitution in any decision I am aware of.
Yeah, right, we need another group of wannabe cops on top of fbi, cia, forest service, pelousy’s cops, every single federal agency’s thugs, state, county, city, mud hole, cops. Yep, that’s what we need, everybody be a cop.
Federal bailiff Dredd doesn’t quite have the same ring to it as Judge Dredd.