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?
Easy enough to jail them for trespassing. (But I guess I’m still naive enough to think this scenario won’t come to pass.)
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.
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.
Who jails them specifically, and who authorizes it?
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.
ICE, quite possibly. They are Trump’s version of the Brownshirts after all.
Let’s get serious. ICE works for the Prez, so what other entity NOT controlled by him would do the job?
There would be some pretext. “They are corrupt,” is probably sufficient. (again, I don’t see this happening. This is hopefully all hypothetical)
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 
)
The pretext would never be taken by them.
The question remains: It what specific way would he lose?
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.
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.
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.
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.
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.
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.
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
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.
wrong thread
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)