Several news outlets reported that federal judges have ordered the Trump administration to stop taking actions that President Trump and his subordinates have directed.
What Could Be Done if the President Ignores a Court Order?
Ideally, the following events would happen:
- The court holds the President in contempt.
- Congress impeaches the President on the crime of contempt.
- Congress removes the President on impeachment.
- The Vice-President becomes President.
- And repeat until a president obeys the court.
Alternative resolutions might include:
- The President obeys the court order; or
- Congress quickly enacts legislation that codifies the court order with enough support to overcome a presidential veto.
Would It Be That Easy?
Hopefully. But maybe not.
- A Republican-dominated Congress might be unwilling or unable to impeach the Republican President.
- The President might ignore impeachment and refuse to transfer power.
- The Vice President might step up in name only while Mr. Trump persisted to lead.
- The Supreme Court might further expand a president’s immunity, eliminating the contempt crime.
Has a U.S. President Ever Ignored a Court Order?
Yes.
Andrew Jackson Failed to Enforce A Supreme Court Ruling
In 1832, the Supreme Court ruled in Worcester v. Georgia, 31 U.S. 515, that the state of Georgia had no right to regulate dealings between the state and a sovereign indigenous nation. The state ignored the ruling, and President Jackson did nothing to enforce the ruling.
Abraham Lincoln Ignored a Circuit Court Ruling Penned by a Supreme Court Justice
In 1861, a circuit court, with a Supreme Court Justice presiding, ruled that only Congress had the power to suspend habeas corpus, a legal process that allows a person to challenge detention or imprisonment.
In the case of Ex Parte Merryman, the military, authorized by President Lincoln, had arrested John Merryman, a suspected armed secessionist, without a warrant and held him at Fort McHenry. President Lincoln ignored the ruling, allowed the military to hold Merryman, and continued to allow suspensions of habeas corpus.
Did it Ever matter Whether a president ignored the court?
Yes.
Jackson’s failure to enforce the Court’s ruling was one step toward the Trail of Tears, which force-marched thousands of Cherokee people to resettlement and killed many along the way.
Lincoln set a historical precedent for holding people without due process during domestic rebellion.
Is the President Really Above the Law?
Legally, there’s some unfortunate debate since the Supreme Court’s 2024 immunity ruling in Trump v. U.S., 603 U.S. 593 (2024).
Practically, only if the people allow it.
What are Our Options?
If President Trump won’t obey or enforce court orders, one option is that people let go of the issues. Neither Jackson nor Lincoln faced significant political consequences.
If every issue is let go and if a leader wants absolute power, then eventually the country and the world will live at the sheer mercy of an individual who might be unwilling to ever let enough power go to be merciful.
For other options, read the first section at the top of this post: What Could Be Done if the President Ignores a Court Order?
Is this Post suggesting we overthrow the government?
No. Nothing here is meant to suggest overthrowing the government or any branch.
These words are meant to:
- Educate others;
- Recommend that we don’t ignore presidential overreaches;
- Encourage that we push for transparency, consistent law, and respect for the Constitution and each branch of government;
- Urge that we oppose the erosion of democracy using the tools our democracy built;
- Support those whose reach is longer than our own and champion those whose reach is shorter.
But most of all this post longs to be theoretical, hopes we are never tested this way, and roots for stable and sound government.
Appendix. Historical Context of Presidents Ignoring Court Orders
Jackson’s Lack of Enforcement as a Step Toward the Trail of Tears: A Timeline
1828 Andrew Jackson became President
1829 Gold was discovered on Cherokee land, Georgia claimed to own the land, and legal battles began
1830 Congress enacted the Indian Removal Act, authorizing the President to assign indigenous people to resettlement
1832 Worcester v. Georgia, 31 U.S. 515, the Court ruled that the Cherokee were a sovereign people, the state ignored the ruling, and President Jackson did not enforce the ruling
1837 Federal agents, acting under President Martin Van Buren, removed Cherokee from their land and into detention camps
1838 After months in stockades, the Cherokee were force-marched across multiple states along the Trail of Tears, during which many died
Jackson’s Sentiment Sounds as True Today
In a letter dated April 7, 1832, President Jackson wrote about the Worcester ruling to Brigadier General John Coffee: “The decision of the supreme court has fell still born, and they find they cannot coerce Georgia to yield to its mandate.” Horace Greeley published the more widely known quote attributed to President Jackson: “John Marshall has made his decision; now let him enforce it.”
The problem President Jackson identified was true then as now: the court decides but doesn’t enforce.
Lincoln Set a Historical Precedent to Deny Due Process
The legality of a president suspending habeas corpus during domestic rebellion may still be debated, but a court order did not stop Lincoln’s practice. Justice Taney issued his opinion through a circuit court, and the Supreme Court did not hear this case. Congress finally authorized suspending habeas corpus in 1863, two years after the practice began. It is unlikely we know the extent of any abuses under this suspension.
Sources
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This post provides law-related information. Nothing in the post is legal advice or counsel. If you need legal help, contact a local licensed attorney or your state bar association.