CURRENT EVENTS - May 15-18

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Trump’s clash with the courts raises prospect of showdown over separation of powers​

The Trump administration has been pushing back against certain court rulings it doesn't like in the hundreds of cases filed against it in the past few months

abcnews.go.com

Trump’s clash with the courts raises prospect of showdown over separation of powers

The Trump administration has been pushing back against certain court rulings it doesn't like in the hundreds of cases filed against it in the past few months
abcnews.go.com abcnews.go.com


“Tucked deep in the thousand-plus pages of the multitrillion-dollar budget bill making its way through the Republican-controlled U.S. House is a paragraph curtailing a court’s greatest tool for forcing the government to obey its rulings: the power to enforce contempt findings.

… The clash was the subtext of an unusual Supreme Court session Thursday, the day before the ruling that angered the president. His administration was seeking to stop lower courts from issuing nationwide injunctions barring its initiatives. Previous administrations have also chafed against national orders, and multiple Supreme Court justices have expressed concern that they are overused.

Still, at one point, Justice Amy Coney Barrettpressed Solicitor General D. John Sauer over his assertion that the administration would not necessarily obey a ruling from an appeals court.

“Really?” asked Barrett, who was nominated to the court by Trump.

Sauer contended that was standard Department of Justice policy and he assured the nation’s highest court the administration would honor its rulings.

…Courts can hold parties to civil litigation or criminal cases in contempt for disobeying their orders. The penalty can take the form of fines or other civil punishments, or even prosecution and jail time, if pursued criminally.

The provision in the Republican budget bill would prohibit courts from enforcing contempt citations for violations of injunctions or temporary restraining orders — the two main types of rulings used to rein in the Trump administration — unless the plaintiffs have paid a bond. That rarely happens when someone sues the government. …”
 
The power to punish contempt is usually considered to be an inherent power of the judiciary -- it's the power to protect its own judgments. I don't know how much law there is on this point, but it would seem to me that the power to enforce contempt would be granted by Article III. Maybe that's why they are trying to burden it without trying to eliminate it altogether, but I have my doubts that the courts will be OK with that. Granted, I'm very far from an expert about contempt, but I don't see how it would work.

Contempt, after all, is an offense against the court. It doesn't even make sense to require the plaintiffs to pay a bond, because the court can on its own initiative hold anyone in contempt.
 
superrific said:
The power to punish contempt is usually considered to be an inherent power of the judiciary -- it's the power to protect its own judgments. I don't know how much law there is on this point, but it would seem to me that the power to enforce contempt would be granted by Article III. Maybe that's why they are trying to burden it without trying to eliminate it altogether, but I have my doubts that the courts will be OK with that. Granted, I'm very far from an expert about contempt, but I don't see how it would work.

Contempt, after all, is an offense against the court. It doesn't even make sense to require the plaintiffs to pay a bond, because the court can on its own initiative hold anyone in contempt.
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I think (although I did not read the article) they just want a bond before a court issues a preliminary injunction or TRO, not for contempt. Which is not an unreasonable requirement in most cases. The bond covers the cost of a wrongful injunction.
 
Terrible results in Poland

www.ft.com

Liberal narrowly ahead in Poland’s first round presidential vote

Exit poll suggests Rafał Trzaskowski will enter run-off against rightwing rival Karol Nawrocki
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Liberal narrowly ahead in Poland’s first round presidential vote

An exit poll by Ipsos suggests Trzaskowski, the mayor of Warsaw and candidate for Tusk’s ruling Civic Platform party, was set to secure 30.8 per cent of votes, ahead of opposition candidate Karol Nawrocki with 29.1 per cent.The exit poll was much tighter than anticipated and would mark a significant blow to the liberal Trzaskowski, who had topped the polls throughout the campaign and held a five-point lead over Nawrocki until Sunday. The two would qualify for a second-round vote on June 1.

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Liberal narrowly ahead in Poland’s first round presidential vote

But Nawrocki could be helped in the run-off by voters who backed far-right candidate Sławomir Mentzen, who was in third place with 15.4 per cent of the votes, according to the Ipsos exit poll released by Polish television channels.Grzegorz Braun, an antisemitic politician who split from Mentzen’s candidacy, was projected to come fourth, with 6.2 per cent.

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Liberal narrowly ahead in Poland’s first round presidential vote

Trzaskowski faces the challenge of mobilising progressive voters for the second round, particularly among women who were instrumental in Tusk’s 2023 parliamentary election victory, when turnout reached a record 74 per cent. Some of these voters have voiced frustration over the government’s failure to overturn a near-total abortion ban imposed by the previous PiS administration, amid internal disagreements within Tusk’s coalition.
 
^ same deal everywhere. One party works hard to break everything and impose rule. The other party claws back power after people backlash, but can't instantly undo the bad things thanks to the hurdles left in place by the assholes and is shown the door at first chance by an angry and ignorant voting pool.
 
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