[tdb7893]

Who would be doing the shielding? The current US government has been operating under the assumption of an incredibly expansive executive power, even over "independent" agencies.

I'm not a legal expert at all but so far the most useful mental model has been to assume absolutely no one is shielded from executive power (including organizations and people entirely outside the federal government) unless the courts have delivered a final ruling on it.

[mjd]

How would a final court ruling shield someone from executive power? The court relies on the executive to enforce its decisions. They can find a person in contempt, and order fines or jail time until that person complies, but I believe the orders are then enforced by U.S. Marshals, who are executive appointees.

This is a serious question. What have I missed?

[paulryanrogers]

If the Marshalls neglect their oath to the Constitution (whether ordered to by superiors or not) then the court can deputize others to carry out court orders. IIUC correctly that's usually the police.

[freeone3000]

I cannot overstate this enough: The police cannot be counted on to protect citizens against governmental overreach.

[tdb7893]

I think there's no hard power stopping them but in general they've been reluctant to openly defy courts (they have defied lower courts some while claiming they haven't). I think at least adhering to some pretense of American democracy has so far been important to this administration and if they abandon that pretense carelessly they run a real risk of losing necessary support (popular support, Congressional support, but also support of executive branch institutions).

Also, it's not that I think they won't defy courts but they'll be very careful in doing it (well, at least as careful as this administration can be) so it's still a reasonable base assumption that court orders protect you since while it's not the ironclad protection it was it still gives you some protection for now. Though that "for now" is obviously rather ominous.

[mjd]

Do you still think so, after seeing them stonewall the courts in the Kilmar Abrego García case? To me it appears they a brazenly flouting the law.