@dhork - eviltoast
  • 7 Posts
  • 3.59K Comments
Joined 2 years ago
cake
Cake day: June 15th, 2023

help-circle




  • Unfortunately, it’s not sufficient to simply get a court order against him. Trump has indicated that he’s simply not going to listen. The court will also have to force him to comply.

    And for this, I am hopeful that the involvement of State governments will be helpful. They have State Police that (to my knowledge) can’t be easily put under Federal control like the National Guard can. So it may be possible for a state that is part of one of these court orders to send their own State Police to enforce the order if the DoJ instructs the US Marshals not to.

    Yes, it’s a great big Constitutional Crisis if we need to reply on State Police to enforce a Federal Order. But we’re already there…













  • When the State licenses things like that, it’s usually because whatever activity is being licensed utilizes shared resources, and the State has an interest in making sure those resources are used in the common interest.

    Radio licenses are essential because the RF spectrum is a common resource. The State wants to make sure that certain frequencies are only used for certain purposes, and that those who use them have the proper training.

    Some communities use pet licensing as a tool to make sure all pets are properly vaccinated, to reduce the spread of rabies (which really is a horrible way to go…)

    Hunting and fish licenses are a way to help control the overall wild animal population, and make sure they are not overharvested and preserve rhe availability for future seasons.


  • There is a mechanism for doing this that’s fairly well grounded in the legal system. Go to a federal judge, explain that he’s continuing to break the law even though he’s not supposed to be, and ask for an order authorizing you to go and stop him, by force, with some officially designated force providers.

    The issue is that this is all in Federal Court, and all of the “officially designated force providers” at that level are part of the Executive Branch. So who would agree to enforce this when Trump can just immediately fire them, even if he doesn’t have the legal right to do so? Even the US Marshals, who are intended to enforce stuff like this, are still part of the DoJ under the Attorney General. Can a court compel an AG to take an action if the President can just pardon all of her contempt citations from ignoring it?

    Since these are States that are suing, can a Federal judge authorize State police to take control of a Federal building with the purpose of enforcing a Federal order that Federal forces refuse to enforce (and keeping the Muskovites out)?