Quinta Jurecic

You could imagine a John Roberts who feels that his hand has really been forced trying to, as you say, kind of thread the needle here and create a situation where he seems to be pushing back, but not quite so much that he feels that it will engender disobedience that could harm the long-term legitimacy of the court.

You could imagine a John Roberts who feels that his hand has really been forced trying to, as you say, kind of thread the needle here and create a situation where he seems to be pushing back, but not quite so much that he feels that it will engender disobedience that could harm the long-term legitimacy of the court.

Courts do have a really, really expansive contempt power. And I think that is worth keeping in mind. They can institute fines. Sometimes they can institute really extreme fines. They can require people to be held in jail. There are a lot of different mechanisms. I think that courts are probably going to be reluctant to turn to those mechanisms precisely because they are so extreme.

Courts do have a really, really expansive contempt power. And I think that is worth keeping in mind. They can institute fines. Sometimes they can institute really extreme fines. They can require people to be held in jail. There are a lot of different mechanisms. I think that courts are probably going to be reluctant to turn to those mechanisms precisely because they are so extreme.

The normal way that something like this would be hashed out is, you know, you have a court order. The plaintiff comes back and says, hey, the defendant is not abiding by the terms of the court order. And what we've seen now is I haven't had a chance to take a close look, but it looks like this court has said, OK, guys, you know, you really got to comply now.

The normal way that something like this would be hashed out is, you know, you have a court order. The plaintiff comes back and says, hey, the defendant is not abiding by the terms of the court order. And what we've seen now is I haven't had a chance to take a close look, but it looks like this court has said, OK, guys, you know, you really got to comply now.

And then it will be hashed out in the course of litigation. Over the course of going back and forth, perhaps appealing up and so on and so forth. And so it will take a while before we reach the stage of a real genuine crisis. You know, it goes up to the Supreme Court. The Supreme Court tells the administration what to do and the administration says no. no, I don't want to.

And then it will be hashed out in the course of litigation. Over the course of going back and forth, perhaps appealing up and so on and so forth. And so it will take a while before we reach the stage of a real genuine crisis. You know, it goes up to the Supreme Court. The Supreme Court tells the administration what to do and the administration says no. no, I don't want to.

I mean, even in the example of the instance that J.D. Vance seemed to be responding to has to do with a question of an order blocking the Treasury Department from sharing access to its sensitive systems.

I mean, even in the example of the instance that J.D. Vance seemed to be responding to has to do with a question of an order blocking the Treasury Department from sharing access to its sensitive systems.

And despite Vance's tweet, the Justice Department actually filed a motion saying, hey, can you loosen up this order a little to the court, asking for Treasury Secretary Scott Besant to have access to the systems as well, or at least to clarify that he does have access. That's kind of, I mean, this is a low bar.

And despite Vance's tweet, the Justice Department actually filed a motion saying, hey, can you loosen up this order a little to the court, asking for Treasury Secretary Scott Besant to have access to the systems as well, or at least to clarify that he does have access. That's kind of, I mean, this is a low bar.

That is what you would want to see, that sort of hashing this out in the course of litigation rather than the executive just saying, go ahead, make me.

That is what you would want to see, that sort of hashing this out in the course of litigation rather than the executive just saying, go ahead, make me.

My one quibble with that is that I'm not sure I would say it is the sort of conservative legal movement that is spinning itself into that. I would say, you know, far right radical, because there is a more traditionally conservative legal movement that is very much not on board with this, in part because the conservative legal movement has been focused on, well, law, right?

My one quibble with that is that I'm not sure I would say it is the sort of conservative legal movement that is spinning itself into that. I would say, you know, far right radical, because there is a more traditionally conservative legal movement that is very much not on board with this, in part because the conservative legal movement has been focused on, well, law, right?

You know, putting judges in these positions, and judges tend to like it when courts are powerful. I do agree with you that it seems like there's this sort of frenzy being spun up on Twitter among the sort of intellectuals in this corner, egging themselves into this position of real defiance.

You know, putting judges in these positions, and judges tend to like it when courts are powerful. I do agree with you that it seems like there's this sort of frenzy being spun up on Twitter among the sort of intellectuals in this corner, egging themselves into this position of real defiance.

And yet, as you say, when you actually look at the stuff that the administration has filed in court, it is way less gung-ho on that motion that I mentioned to allow Secretary Besson access to the Treasury systems, rather to clarify whether he does have access. The Justice Department actually notably included multiple paragraphs saying, we are complying with your order.

And yet, as you say, when you actually look at the stuff that the administration has filed in court, it is way less gung-ho on that motion that I mentioned to allow Secretary Besson access to the Treasury systems, rather to clarify whether he does have access. The Justice Department actually notably included multiple paragraphs saying, we are complying with your order.