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this post was submitted on 31 Jul 2025
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There are technically mechanisms for courts to enforce their orders, starting with the US Marshalls, but continuing to judges having the power to deputize anyone to go enforce their orders including with force.
For lots of reasons they're reluctant to do such things. For most of American history they haven't needed to, because everyone was working cooperatively and respecting institutions even if they disagreed with the outcomes.
So I'm guessing Trump, MAGA, and a lot of Republicans have mistaken the absence of direct enforcement by the courts for the inability to directly enforce.
We'll see if some judge or justice gets fed up enough with Republican shenanigans and starts with civil and criminal contempt findings with fines and jail time escalating to issuing warrants and calling up Marshalls or deputizing officers...
At some point I do expect things to go "too far" for the remaining pre-MAGA Republicans to keep going along. I could be mistaken.
The US Marshalls are executive branch.
That does not take the ability away from courts to deputize as they need to to see orders carried out.
They definitely are but they're also the group I'd expect to be most likely to honor a lawful court order even if someone in their chain of command didn't want them to.
One way we're a bit lucky even today is that it takes time to train high level law enforcement people (so not ICE) and we're only 6 months into Trump 2 (ugh).
That is even more the case for the high echelons of career (not appointed) law enforcement like FBI and Marshalls.