Josh Hammer

So for example, the birthright citizenship case is a very good example there. We've now had three lower court judges that have put a temporary restraining order or some sort of other injunctive relief And joining the Trump administration, preventing it from enforcing its correct interpretation of birthright citizenship for children of illegal aliens.

So for example, the birthright citizenship case is a very good example there. We've now had three lower court judges that have put a temporary restraining order or some sort of other injunctive relief And joining the Trump administration, preventing it from enforcing its correct interpretation of birthright citizenship for children of illegal aliens.

SCOTUS should fast track an oral argument on that. They should get that opinion out by the end of this term in June there. I'm not going to confidently predict that there are five votes for the correct interpretation there. I tend to be a little bit pessimist when it comes to that particular issue there. But there's at least a possibility. So that thing should be fast tracked.

SCOTUS should fast track an oral argument on that. They should get that opinion out by the end of this term in June there. I'm not going to confidently predict that there are five votes for the correct interpretation there. I tend to be a little bit pessimist when it comes to that particular issue there. But there's at least a possibility. So that thing should be fast tracked.

kind of working your way backwards, the executive branch there. Well, I mean, let's take Judge McConnell in Rhode Island, Charlie, just for example here. So this judge in Rhode Island is threatening to put criminal contempt there. So at that point, the Trump administration should basically just flip its fingers at this judge and say, okay, you and what army?

kind of working your way backwards, the executive branch there. Well, I mean, let's take Judge McConnell in Rhode Island, Charlie, just for example here. So this judge in Rhode Island is threatening to put criminal contempt there. So at that point, the Trump administration should basically just flip its fingers at this judge and say, okay, you and what army?

I mean, who's actually going to enforce this criminal contempt order in practice?

I mean, who's actually going to enforce this criminal contempt order in practice?

Well, let's play it out a little further, Charlie. So look, the judge in Rhode Island, Judge McConnell here, he's threatening criminal contempt here. Okay, so who's actually going to enforce this criminal contempt? That would probably be one of the U.S. Marshals, right?

Well, let's play it out a little further, Charlie. So look, the judge in Rhode Island, Judge McConnell here, he's threatening criminal contempt here. Okay, so who's actually going to enforce this criminal contempt? That would probably be one of the U.S. Marshals, right?

Because as Hamilton says in Federalist 78, the judiciary has neither force nor will but merely judgment and literally depends upon the efficacy of the executive branch even to enforce its judgments. What he means by that is because the U.S. Marshals, in actuality, they're not part of Article III. They're part of Article 2. They're actually part of the Department of Justice. The U.S.

Because as Hamilton says in Federalist 78, the judiciary has neither force nor will but merely judgment and literally depends upon the efficacy of the executive branch even to enforce its judgments. What he means by that is because the U.S. Marshals, in actuality, they're not part of Article III. They're part of Article 2. They're actually part of the Department of Justice. The U.S.

Marshals sit under Attorney General Pam Bondi. So even if McConnell, Judge McConnell, that is, not Senator McConnell, even if Judge McConnell can get a U.S. Marshal to try to enforce his contempt order, fine, let that play out. Donald Trump can then just issue a pardon, make everyone happy.

Marshals sit under Attorney General Pam Bondi. So even if McConnell, Judge McConnell, that is, not Senator McConnell, even if Judge McConnell can get a U.S. Marshal to try to enforce his contempt order, fine, let that play out. Donald Trump can then just issue a pardon, make everyone happy.

He can literally then just issue a pardon for whichever official has been found in contempt by this rogue judge. End of story, constitutional crisis totally averted there. And then finally, Article 1, when it comes to Congress, that's kind of what you and I were just talking about there.

He can literally then just issue a pardon for whichever official has been found in contempt by this rogue judge. End of story, constitutional crisis totally averted there. And then finally, Article 1, when it comes to Congress, that's kind of what you and I were just talking about there.

Judicial impeachment, start with Judge McConnell, start with Judge Engelmeyer in New York City, this other rogue judge who had that ridiculous ruling about Elon Musk and Doge when it comes to the Treasury payments. Those would be two good candidates to get these articles of impeachment rolling there.

Judicial impeachment, start with Judge McConnell, start with Judge Engelmeyer in New York City, this other rogue judge who had that ridiculous ruling about Elon Musk and Doge when it comes to the Treasury payments. Those would be two good candidates to get these articles of impeachment rolling there.

And then I would also support literally just possibly stripping some of these lower court judgeships there. When you actually start to make the other judges feel the heat, because if you are removing certain judgeships, by definition – You're going to then move some cases from their docket to the other docket. Judges will get the message sooner rather than later.

And then I would also support literally just possibly stripping some of these lower court judgeships there. When you actually start to make the other judges feel the heat, because if you are removing certain judgeships, by definition – You're going to then move some cases from their docket to the other docket. Judges will get the message sooner rather than later.