Former Justice Breyer Thinks Marco Rubio And Pam Bondi Can Be Held In Criminal Contempt For Defying Court Orders

There was a sense of optimism concerning the amount of havoc Donald and Co. could feasibly bring about before something would give and regulate their behavior. As early as February of this year, Justice Sonia Sotomayor shared her belief that legal norms and the rule of law were those stoppage points. What, it’s not like they’d just straight up ignore judicial orders or anything, right? About that… apparently the Executive has the authority to find court orders “erroneous.” Sotomayor changed her tune by March. She even went on to lay some of the blame at the feet of law schools not doing their jobs properly. We’re at a strange point in history where the recognition that the Executive is stepping all over due process and the rule of law has become bipartisan. As we collectively search for checks and balances for Executive overreach, former Justice Stephen Breyer floated around an idea that could rein in the reign: lock their asses up. From The Crimson:

Former U.S. Supreme Court Justice Stephen G. Breyer said the Trump administration could be held in criminal contempt over Kilmar Abrego’s deportation at a Harvard Law School speaker event on Friday, expressing optimism that Courts would hold the White House accountable.
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Breyer said that was “quite possible” that high-ranking officials in the Trump administration, including Marco Rubio, Kristi Noem, and Attorney General Pam Bondi, could be held in criminal contempt for the refusal to comply.

And while the line of reasoning is colorable, law professor Jack Goldsmith brought up a very practical monkey wrench for the plan: the only official with the power to enforce criminal contempt would be the Attorney General. I’m not a betting man, but I’m going to assume that Pam Bondi probably doesn’t see the issue the same way that the former Justice does.

For what its worth, Breyer told the crowd that he still has confidence in the rule of law. It seems couched in the assumptions that people are willing to advocate for the rule of law and that the government will heed their petitions. It’s a little early to tell if the given solution is common sense or a dressed-up thoughts and prayers for our country. The Supreme Court’s recent decision to block deportations under the Alien Enemies Act is a silver lining, but things will get worse if the Administration uses this as an opportunity to up the ante and double down on ignoring court orders.

Earlier: DOJ Lawyer Tells Court It Will Comply With Order… DOJ Writes Back ‘We’ve Decided To Violate It Instead, Thx Bye.’

Sonia Sotomayor Wildly Out Of Touch With Trump’s America

Justice Sotomayor’s Optimism For The Rule of Law Under Trump Only Lasted A Month

Maybe Don’t ‘Both Sides’ Disappearing People To Foreign Gulags, OK?

Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s.  He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who is learning to swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at cwilliams@abovethelaw.com and by tweet at @WritesForRent.

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