In a move that should surprise no one who has even once paid attention to Donald Trump’s modus operandi, U.S. District Judge John McConnell has found that the White House is in violation of a court order requiring them to restore funding to federal departments and agencies. Currently locked out due to the White House’s funding freeze, units like the National Institute of Health can’t pay for obligations that are already on the books.
In a nutshell, the judge ordered them to unfreeze the funds, and they just haven’t complied. JD Vance, in tweets during the Superbowl on Sunday, suggested courts don’t have the authority to tell the President what to do. Other than the years they spent demanding Biden adhere to court orders, this is farcical on the face of it. If the courts don’t have the authority to dictate law in terms of the Executive Branch, then there is absolutely no reason to listen to anything the Supreme Court says whatsoever when it comes to the Executive.
The problem is, of course, that there is no mechanism for the courts to enforce this sort of thing in terms of physical people who will arrive and force it, aside from possibly the US Marshals.
This is, of course, on purpose. The phrase “constitutional crisis” may seem overused these days, but in this case it’s pretty valid. Should Trump decide not to listen to the court order, we’ll be ramming head first into a wall at Mach 1. And Chief Justice Roberts will no doubt wring his hands and go, “Well shit.” Well, Roberts, you set this shit up. We’re ALL on the ride now.
This isn’t the first time this has happened. In 1832, in Worcester v. Georgia, President Andrew Jackson apocryphally said “John Marshall has made his decision; now let him enforce it!” He did express similar sentiments, however.