due process Venezuelan gang members tagged posts

We Are Already in a Constitutional Crisis—Here’s How It Could Become Much Worse

So let’s play this out in one possible scenario, shall we?

A federal judge issues an order for the president/executive branch to halt an activity he or she deems unconstitutional or at least problematic enough for additional hearings and review.

The president does not comply with the order, and sends government attorneys into court to offer various rationales for that non-compliance. The rationales strike the judge and many legal observers from both right- and left-wing orientations as evasive and even frivolous.

The judge, seemingly exasperated, orders compliance and sets a hearing date for the government to provide vital information that is at issue in the case, with the implicit possibility of issuing contempt citations that may entail confinement and/or fines if his orders are not followed.

The non-compliance and withholding of the vital information the judge seeks continues, with government attorneys trooping into court on the scheduled hearing date and telling the...

Read More