He is demonizing them and, by proxy, demonizing those that would enforce their judgements.
I guess this could be how he goes about doing what I was thinking. But he is a person of impulse and incredibly impatient when his power is challenged. While this would be a Constitutional way to get what he wants I feel it would take much too long to get it done and have enough new Justices appointed. If he only trusts Alito, Thomas and Kavanaugh to do his bidding, how many new seats does that mean he needs to create? If he appointed 4 loyalists that would give him 7 guaranteed votes, right?
Under the unitary executive theory, the president has essentially plenary control over the executive branch of government. It has none over the judicial branch.
He has no authority to “order them removed from their position.” Even having a member of the court indicted and jailed (whether just pending trial or post conviction) does not end their tenure as a member of the Supreme Court. They are still members of the court until they die, resign, or are impeached and removed from office. Maybe arresting a justice encourages him or her to quit, but that’s not the same as firing them. The odds of successfully removing an impeached justice from office in today’s climate are slim. And of course, the president has no power over the impeachment process.
Yeah but this is a purely hypothetical example.
He could do that. And maybe even get away with it. But he’s not that likely to. I’d rather focus on the very real ways he’s actually tearing down democracy right now.
Said by far too many when the “merely” hypothetical became the unwelcome reality in the past. Does prevention not mean anything any more?
When has that stopped him before? He regularly orders things he has no legal authority to do. He doesn’t care.
So how would you recommend preventing a POTUS with majority support in all branches of government from doing a hypothetical bad thing in the future?
Of course. That’s the whole point of the thread. The question is, what happens if he makes such an order. Procrustus implies something happens, without being particularly clear about what that is. I am saying explicitly, nothing happens because the court just ignores him.
Short of hoping public protests work, what can you do at that point?
I’d like to think that the lantern “Justice” Thomas holds up at the bottom of the Mar a Lago driveway would jiggle briefly.
When the car is speeding towards the cliff with busted brakes, sometimes the only thing you can do is try to jump out of the car. You may get heavily injured, but seeing the problem clearly and attempting to escape the situation in no possible way means that you are in favor of the situation. You see the disaster coming and try your best to reduce the almost inevitable disaster and, if a miracle happens and the cliff is somehow avoided, you celebrate that fact, because being right is certainly worse than being wrong in cases like these.
Not to derail the OP, but if Trump can fire 5 Supreme Court justices, why not just fire them all? After all, even Alito and Thomas aren’t as fully rubber-stamp as could be, they can’t be 100% guaranteed to do his bidding, and they still retain a shred of independence. Kavanaugh, too, has been known to defy Trump occasionally. If we are doing this thought experiment, then Trump might as well get rid of all 9, and appoint 9 truly diehard-fanatical MAGA as his justices.
I don’t think we’ve reached the point where Trump can fire Supreme Court justices and make it stick. If he announced they were fired, the court would continue to operate with the same justices it has now, and the lower courts would treat the Supreme Court with the same deference they do today. Trump would look like a powerless fool. Even as demented as he is, I think he understands that.
What he might do is talk about firing them without doing it. He might also pressure Congress to impeach the justices who voted against him, or to expand the court, or both. I also expect him to blame this ruling for any economic problems that happen during the rest of his term.
If things ever do get the point where Trump can fire Supreme Court justices (or judges at any level), we’ll be totally screwed.
That one is easy. Every little bit of reluctant rebellion helps, especially from the inner circle.
Shhhh, don’t give him ideas!
I can see no reason why the court wouldn’t just say “No, you can’t do that. Now, where were we… “
The President has no authority to fire Supreme Court Justices. He might as well order the tides to stop. If Marshalls try to bar entry to the building, they would just meet in the Starbucks across the street.
Yes, yes there are.
Anyone here ever see the movie “The Pelican Brief”? I think Trump would take that route in a second if he thought he could get away with it.
I just searched on this and was told that the Supreme Court Café, located on the ground floor of the U.S. Supreme Court building in Washington, D.C., serves Starbucks beverages. It is open to the public Monday through Friday, 9 a.m. to 3 p.m.. There are no public Starbucks locations directly across the street from the building’s main entrance.
There’s a Dunkin’ around the corner.