When the Executive Defies the Judiciary: How Federal Courts Can Enforce Their Orders Without the Marshals

When the Executive Defies the Judiciary: How Federal Courts Can Enforce Their Orders Without the Marshals

What happens if the Federal Government not only ignores a court order but tries to block the United States Marshals Service (USMS) from enforcing it? The answer is clear: courts must not, and cannot, abandon their constitutional responsibilities in the face of such defiance. There are, however, many encouraging signs that courts are prepared to enforce their authority should it be necessary to do so. In the past few months, federal courts have o…