The US Supreme Court is confronting the stark reality that, unlike the other two branches of government, the court has no real power to enforce its decisions. Should someone — whether government official or private citizen — refuse to comply, the justices have no army or constitutional spending power to use as a cudgel, Bloomberg Supreme Court reporter Greg Stohr writes in a new longform essay.
That age-old quandary is becoming newly relevant as Donald Trump tries to bulldoze his way through longstanding legal constraints in the opening weeks of his second term as president. As lawsuits over birthright citizenship, spending cuts, and workforce purges make their way to the high court, the cases carry the potential for a genuine constitutional crisis. What happens, Chief Justice John Roberts must ask himself, if Trump loses and then defies the court?
A lawsuit filed in 1801 when the Supreme Court was an untested institution posed a similar dilemma for Chief Justice John Marshall — and more recently, danger signs have been growing.
Article by Greg Stohr read by Catherine Vassilopolos
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