# What if Trump says he has fired SCOTUS Justices who voted against him?

**URL:** <https://boards.straightdope.com/t/what-if-trump-says-he-has-fired-scotus-justices-who-voted-against-him/1027855>\
**Category:** Politics & Elections\
**Tags:** trump\
**Created:** [February 20, 2026, 5:31pm UTC](https://boards.straightdope.com/t/what-if-trump-says-he-has-fired-scotus-justices-who-voted-against-him/1027855 "2026-02-20T17:31:49Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![sciurophobic](https://avatars.discourse-cdn.com/v4/letter/s/cab0a1/32.png) [@sciurophobic](https://boards.straightdope.com/u/sciurophobic)\
**Post date:** [February 20, 2026, 6:11pm UTC](https://boards.straightdope.com/t/what-if-trump-says-he-has-fired-scotus-justices-who-voted-against-him/1027855/21 "2026-02-20T18:11:14Z")

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The idea that Trump could legally fire and replace the Supreme Court and that any judge, even Aileen Cannon, would consider that act even remotely Constitutional is laughable. Or do you think we’d have some sort of anticourt in Avignon situation were some lower courts recognize this new Court and others don’t?

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [February 20, 2026, 6:12pm UTC](https://boards.straightdope.com/t/what-if-trump-says-he-has-fired-scotus-justices-who-voted-against-him/1027855/22 "2026-02-20T18:12:32Z")

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> [@Kolak\_of\_Twilo](#):
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> For one thing I doubt the “removed” Justices would just walk away. But I don’t really see what recourse they would have to fight this, particularly if they were prevented from entering the Court building.

Easy enough to jail them for trespassing. (But I guess I’m still naive enough to think this scenario won’t come to pass.)

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**Author:** ![Kolak\_of\_Twilo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kolak_of_twilo/32/73_2.png) [@Kolak\_of\_Twilo](https://boards.straightdope.com/u/Kolak_of_Twilo)\
**Post date:** [February 20, 2026, 6:14pm UTC](https://boards.straightdope.com/t/what-if-trump-says-he-has-fired-scotus-justices-who-voted-against-him/1027855/23 "2026-02-20T18:14:22Z")

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Sorry, but I haven’t seen anything done by Cannon to suggest they have any loyalty to the Constitution, just loyalty to DJT. Same for the other possible replacements I mentioned.

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [February 20, 2026, 6:15pm UTC](https://boards.straightdope.com/t/what-if-trump-says-he-has-fired-scotus-justices-who-voted-against-him/1027855/24 "2026-02-20T18:15:39Z")

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I am saying that the “It can’t happen just because it is against the law” (aka “The Magic Law”) defense is not much of a defense at all. If he is capable of spewing words to that effect, then a serious (and definitely not laughable) way must be found to stop him.

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [February 20, 2026, 6:17pm UTC](https://boards.straightdope.com/t/what-if-trump-says-he-has-fired-scotus-justices-who-voted-against-him/1027855/25 "2026-02-20T18:17:14Z")

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> [@Procrustus](#):
>
> Easy enough to jail them for trespassing.

_Who jails them specifically, and who authorizes it?_

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**Author:** ![Jas09](https://avatars.discourse-cdn.com/v4/letter/j/d07c76/32.png) [@Jas09](https://boards.straightdope.com/u/Jas09)\
**Post date:** [February 20, 2026, 6:19pm UTC](https://boards.straightdope.com/t/what-if-trump-says-he-has-fired-scotus-justices-who-voted-against-him/1027855/26 "2026-02-20T18:19:57Z")

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I guess if folks think that any of the items listed (emoluments, due process violations, etc) are at all analogous to literally removing the method of appointment for an entire branch of government I don’t know what to say.

I agree Trump is the most lawless President we’ve had since Andrew Jackson, but there’s a difference between breaking the law and getting shot down in court and attempting to actively override/ignore the judicial branch. As lawless as they’ve been, when the court has told the administration to do something they have done it (with a few exceptions in deportation cases).

Anyway, I stick by my answer (and the first answer in the thread). Attempting to unilaterally remove and/or appoint SCOTUS justices or unilaterally appoint or remove legislators is a revolution attempt. It is using extra-constitutional actions to alter the system of government. What happens after that is anybody’s guess, but clearly nothing in the Constitution can be our guide.

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**Author:** ![Der\_Trihs](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/der_trihs/32/233_2.png) [@Der\_Trihs](https://boards.straightdope.com/u/Der_Trihs)\
**Post date:** [February 20, 2026, 6:21pm UTC](https://boards.straightdope.com/t/what-if-trump-says-he-has-fired-scotus-justices-who-voted-against-him/1027855/27 "2026-02-20T18:21:45Z")

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> [@Czarcasm](#):
>
> Who jails them specifically, and who authorizes it?

ICE, quite possibly. They _are_ Trump’s version of the Brownshirts after all.

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [February 20, 2026, 6:23pm UTC](https://boards.straightdope.com/t/what-if-trump-says-he-has-fired-scotus-justices-who-voted-against-him/1027855/28 "2026-02-20T18:23:23Z")

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Let’s get serious. ICE works for the Prez, so what other entity NOT controlled by him would do the job?

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [February 20, 2026, 6:23pm UTC](https://boards.straightdope.com/t/what-if-trump-says-he-has-fired-scotus-justices-who-voted-against-him/1027855/29 "2026-02-20T18:23:26Z")

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> [@Der\_Trihs](#):
>
> > [@Czarcasm](#):
> >
> > Who jails them specifically, and who authorizes it?
> 
> ICE, quite possibly. They _are_ Trump’s version of the Brownshirts after all.

There would be some pretext. “They are corrupt,” is probably sufficient. (again, I don’t see this happening. This is hopefully all hypothetical)

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**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\
**Post date:** [February 20, 2026, 6:24pm UTC](https://boards.straightdope.com/t/what-if-trump-says-he-has-fired-scotus-justices-who-voted-against-him/1027855/30 "2026-02-20T18:24:03Z")

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It would of course be a constitutional crisis. But not one he’d win IMO. Not 100% guaranteed mind you, and if he lost very slim chance he would suffer any serious repercussions. Which would basically be telling him “wait until more of the establishment is completely in your thrall and then try again” (as with J6 ☹ )

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [February 20, 2026, 6:24pm UTC](https://boards.straightdope.com/t/what-if-trump-says-he-has-fired-scotus-justices-who-voted-against-him/1027855/31 "2026-02-20T18:24:23Z")

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The pretext would never be taken by them.

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [February 20, 2026, 6:25pm UTC](https://boards.straightdope.com/t/what-if-trump-says-he-has-fired-scotus-justices-who-voted-against-him/1027855/32 "2026-02-20T18:25:24Z")

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> [@griffin1977](#):
>
> It would of course be a constitutional crisis. But not one he’d win IMO.

The question remains: It what specific way would he lose?

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**Author:** ![Tired\_and\_Cranky](https://avatars.discourse-cdn.com/v4/letter/t/a87d85/32.png) [@Tired\_and\_Cranky](https://boards.straightdope.com/u/Tired_and_Cranky)\
**Post date:** [February 20, 2026, 6:25pm UTC](https://boards.straightdope.com/t/what-if-trump-says-he-has-fired-scotus-justices-who-voted-against-him/1027855/33 "2026-02-20T18:25:26Z")

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The duly confirmed justices would ignore both the firings and whatever dubious replacements he would nominate. Not even the Republicans on the court would go along with it because if the president can unilaterally fire justices, they recognize that they, themselves, have no power. They all worked hard to get where they are and they aren’t giving their power up that easily.

> [@Kolak\_of\_Twilo](#):
>
> But I don’t really see what recourse they would have to fight this, particularly if they were prevented from entering the Court building.

The building doesn’t comprise the court; the justices do. Physically excluding the justices makes their jobs harder but there is nothing in the Constitution preventing them from convening by Zoom.

> [@Procrustus](#):
>
> Easy enough to jail them for trespassing.

The administration has the power (if not the authority) to arbitrarily detain anyone, so it could also jail them for mopery. If you are suggesting that the “fired” justices would be guilty in some way of trespassing, let me just say that I disagree. I’m pretty sure the court itself determines who has access to its proceedings, not the executive.

> [@Jas09](#):
>
> Attempting to unilaterally remove and/or appoint SCOTUS justices or unilaterally appoint or remove legislators is a revolution attempt. It is using extra-constitutional actions to alter the system of government. What happens after that is anybody’s guess, but clearly nothing in the Constitution can be our guide.

I agree.

Trump also has no need to pick such a fight. He can simply ignore any contrary rulings. As has been noted many times, the court has no army to enforce its orders.

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**Author:** ![Kolak\_of\_Twilo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kolak_of_twilo/32/73_2.png) [@Kolak\_of\_Twilo](https://boards.straightdope.com/u/Kolak_of_Twilo)\
**Post date:** [February 20, 2026, 6:32pm UTC](https://boards.straightdope.com/t/what-if-trump-says-he-has-fired-scotus-justices-who-voted-against-him/1027855/34 "2026-02-20T18:32:30Z")

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> [@Tired\_and\_Cranky](#):
>
> The duly confirmed justices would ignore both the firings and whatever dubious replacements he would nominate. Not even the Republicans on the court would go along with it because if the president can unilaterally fire justices, they recognize that they, themselves, have no power.

Your faith in the more conservative Justices, especially Alito and Thomas in particular, is misplaced I feel. They are in favor of the all powerful unitary Executive. I would expect them to go along.

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**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\
**Post date:** [February 20, 2026, 6:38pm UTC](https://boards.straightdope.com/t/what-if-trump-says-he-has-fired-scotus-justices-who-voted-against-him/1027855/35 "2026-02-20T18:38:40Z")

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> [@Czarcasm](#):
>
> It what specific way would he lose?

IMO he’d declare that those SCOTUSes were _fired_ (probably on Truth Social 🙄 ) But then not actually follow through and take the actions required to make that a reality. Like it would take sending federal agents willing to do his bidding into the supreme court to forcibly prevent them from taking the bench. I think he’d TACO that.

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**Author:** ![Der\_Trihs](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/der_trihs/32/233_2.png) [@Der\_Trihs](https://boards.straightdope.com/u/Der_Trihs)\
**Post date:** [February 20, 2026, 6:41pm UTC](https://boards.straightdope.com/t/what-if-trump-says-he-has-fired-scotus-justices-who-voted-against-him/1027855/36 "2026-02-20T18:41:31Z")

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> [@griffin1977](#):
>
> Like it would take sending federal agents willing to do his bidding into the supreme court to forcibly prevent them from taking the bench.

Again, ICE, his own crew of dumb muscle. They’d happily grab the Supreme Court and imprison, shoot or deport them.

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**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\
**Post date:** [February 20, 2026, 6:47pm UTC](https://boards.straightdope.com/t/what-if-trump-says-he-has-fired-scotus-justices-who-voted-against-him/1027855/37 "2026-02-20T18:47:08Z")

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> [@Der\_Trihs](#):
>
> Again, ICE, his own crew of dumb muscle. They’d happily grab the Supreme Court and imprison, shoot or deport them

Maybe. And maybe they get away with it. But IMO Trump will TACO before that

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**Author:** ![Der\_Trihs](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/der_trihs/32/233_2.png) [@Der\_Trihs](https://boards.straightdope.com/u/Der_Trihs)\
**Post date:** [February 20, 2026, 6:49pm UTC](https://boards.straightdope.com/t/what-if-trump-says-he-has-fired-scotus-justices-who-voted-against-him/1027855/38 "2026-02-20T18:49:59Z")

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> [@griffin1977](#):
>
> Maybe. And maybe they get away with it. But IMO Trump will TACO before that

People have been telling me for years now that “he won’t dare do that.” Then he goes and Does That.

“TACO” is more about cope than reality.

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**Author:** ![Kolak\_of\_Twilo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kolak_of_twilo/32/73_2.png) [@Kolak\_of\_Twilo](https://boards.straightdope.com/u/Kolak_of_Twilo)\
**Post date:** [February 20, 2026, 6:51pm UTC](https://boards.straightdope.com/t/what-if-trump-says-he-has-fired-scotus-justices-who-voted-against-him/1027855/39 "2026-02-20T18:51:34Z")

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wrong thread

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [February 20, 2026, 6:53pm UTC](https://boards.straightdope.com/t/what-if-trump-says-he-has-fired-scotus-justices-who-voted-against-him/1027855/40 "2026-02-20T18:53:53Z")

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> [@Tired\_and\_Cranky](#):
>
> If you are suggesting that the “fired” justices would be guilty in some way of trespassing, let me just say that I disagree

I’m not suggesting that. I’m suggesting that Trump could, in this thought exercise we’re engaging in, have them ordered removed from their position and perhaps indicted for corruption. He’s have to go into full dictator mode. (which I don’t thnk is likely)

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