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- Title
We Are Already Defying the Supreme Court.
- Authors
Doerfler, Ryan; Moyn, Samuel
- Abstract
The article cites different forms of opposition to the U.S. Supreme Court. History shows records of presidential defiance of federal court orders, including Thomas Jefferson's threat of retaliation to any judicial order to install opposition party member William Marbury as justice of peace in Washington, D.C., and Franklin Delano Roosevelt's threat of defiance of challenges to his decision to take the U.S. off the gold standard. Ordinary noncompliance by policymakers to judicial decisions include use of workarounds, reliance on political enforcement, and haggling with courts over the terms of judicial demands. It also suggests that judicial authority in the U.S. is not absolute, but exists within politically constructed bounds, not between the rule of law and its absence.
- Subjects
RESISTANCE (Philosophy); LEGAL judgments; COURT orders; JUDICIAL power; NONCOMPLIANCE; RULE of law; PRESIDENTS of the United States; UNITED States. Supreme Court
- Publication
Dissent (0012-3846), 2024, Vol 70, Issue 4, p108
- ISSN
0012-3846
- Publication type
Article
- DOI
10.1353/dss.2024.a918668