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this post was submitted on 21 Jul 2023
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A lot of people were wondering this during the later Trump years: what's to stop government officials from simply ignoring the Supreme Court (or another branch, for that matter). It's surely a "Constitutional Crisis", but many conservatives seem more interested in preaching about the Constitution than actually following it.
A federal government being willing to enforce the law Reconstruction style and send in federal troops to effect the arrest of these traitors and the unconditional surrender of their government. Anything less is just giving the anti-democratic forces time to get stronger and chip away at more of our society.
At first I was writing a comment to say the Posse Comitatus Act wouldn't allow this, but it seems like the Insurrection Act of 1807 is an exception, and would apply in this instance.
Specifically:
Edit: I feel compelled to point out that we're not here yet, because the SCOTUS order has a review process for the new voting maps, and if a judge rejects them, the judge can authorize a third party to draw the maps for Alabama. If the Alabama government rejects those third-party maps, then shit gets real.
It won't get that real. Ohio's GOP has been ordered by our state Supreme Court since before 2016 to redraw fair voting maps and not only did they not, but they submitted blatantly unfair maps that didn't even come close to their guidelines. The Court has done nothing and will continue to do nothing.
We are most certainly within a constitutional crisis. You can probably start the timeline at the 2000 Supreme Court ruling where the court said it had no authority to rule, but it did. The republicans blocking the supreme court nomination was also a clear breakdown of the system.
Republicans have been forcing a crisis so everyone gets on board with a convention so they can change the constitution.
They are getting farther & farther away from that goal with every election since 2016.
Legally? Nothing. See Worcester v. Georgia, where the apocryphal quote "John Marshall has made his decision; now let him enforce it" comes from.
Ultimately, though, if a state decides it doesn't want to follow federal law any more, that's secession, and we've fought a civil war over it before.
Just like they do with preaching a book they don't even read themselves. And only preach parts of it. And only when it's convenient for them.
It's actually not a Constitutional crisis. Specifically because there's practically zero enumerated duties of SCOTUS in the Constitution.
Thank Marshall for conniving his way into actual power for the court. But it can vanish just as easily.