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Proud liberal 80

(4,167 posts)
Thu Nov 26, 2020, 11:41 PM Nov 2020

What happens if a state ignored a SCOTUS ruling

I have seen states ignore presidential executive orders and/or congressional laws signed by the POTUS

I have seen both the POTUS and Congress ignore each other whether we are talking about subpoenas or executive orders

It seems like everyone at every level (local, state, federal) can just ignore each other and nothing is really enforced, but somehow SCOTUS rulings are sacred....but what if some governor just said nope, I don’t care what they ruled...it’s not like the court has an army or police force (except for I guess the US Marshals....what can the SCOTUS really do to enforce their ruling

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What happens if a state ignored a SCOTUS ruling (Original Post) Proud liberal 80 Nov 2020 OP
That's a good question. If the executive branch doesn't enforce the ruling, it might not have teeth. Beakybird Nov 2020 #1
Kim Davis. n/t Ms. Toad Nov 2020 #2
it did happen before. drray23 Nov 2020 #3
So basically the Executive branch helped enforce it Proud liberal 80 Nov 2020 #4
Even before that, Eisenhower federalized the Arkansas rsdsharp Nov 2020 #8
Jackson didn't enforce a Supreme Court ruling unblock Nov 2020 #5
"John Marshall made his decision, now let him enforce it" -- A. Jackson. CincyDem Nov 2020 #6
The court was very weak back then. SCOTUS rulings then were interpreted as suggestive fearnobush Nov 2020 #7
Good question Karma13612 Nov 2020 #9
Here's what happens: Polybius Nov 2020 #10
Cuomo can just close the churches and ignore the SC ruling. roamer65 Nov 2020 #11
Ding! Ding! Ding! IsItJustMe Nov 2020 #12

Beakybird

(3,333 posts)
1. That's a good question. If the executive branch doesn't enforce the ruling, it might not have teeth.
Thu Nov 26, 2020, 11:43 PM
Nov 2020

But if the state imposes a fine on a church, and that fine is unconstitutional, the church won't have to pay.

drray23

(7,627 posts)
3. it did happen before.
Thu Nov 26, 2020, 11:48 PM
Nov 2020

remember Ruby Bridge having to be escorted by us marshalls send by president Eisenhower on her first day at school in New Orleans because Louisiana did not want to recognize integration.

Proud liberal 80

(4,167 posts)
4. So basically the Executive branch helped enforce it
Thu Nov 26, 2020, 11:52 PM
Nov 2020

Begs the question if the POTUS also didn’t care for the ruling and didn’t want to enforce it

rsdsharp

(9,170 posts)
8. Even before that, Eisenhower federalized the Arkansas
Fri Nov 27, 2020, 12:22 AM
Nov 2020

National Guard, and sent the 101st Airborne to Little Rock because they refused to integrate Central High.

unblock

(52,208 posts)
5. Jackson didn't enforce a Supreme Court ruling
Thu Nov 26, 2020, 11:57 PM
Nov 2020

"The decision of the supreme court has fell still born, and they find that it cannot coerce Georgia to yield to its mandate."

He wanted to slaughter cherokees and wasn't about to let a court stop him.

CincyDem

(6,355 posts)
6. "John Marshall made his decision, now let him enforce it" -- A. Jackson.
Fri Nov 27, 2020, 12:02 AM
Nov 2020


I don't know that we've fully tested the degree to which the executive branch can ignore SCOTUS....but I'm pretty damn sure a Biden administration isn't going to be the place we push it to the edge, no matter what the issue.

fearnobush

(3,960 posts)
7. The court was very weak back then. SCOTUS rulings then were interpreted as suggestive
Fri Nov 27, 2020, 12:15 AM
Nov 2020

Since the court had no real mandate to enforce them. But since, the executive branch often became the muscle behind their rulings as constitutionally speaking the three branches were intended to share power equally.

Karma13612

(4,552 posts)
9. Good question
Fri Nov 27, 2020, 12:37 AM
Nov 2020

My guess would be that Republicans just ignore laws.

Democrats try to adhere to rulings, and get screwed for ‘doing the right thing’.

Gov Cuomo will have to lighten up on the Church thing, and I hope he screams murder when they have huge spikes in COVID cases tied back to these churches.

So sick of this nonsense.

Elections matter and I hope we finally impress this on the voters.

We need to win the two Senate run-offs in Georgia. We really need to win.

Polybius

(15,398 posts)
10. Here's what happens:
Fri Nov 27, 2020, 01:20 AM
Nov 2020

Let's say NY ignores the ruling, and imposes a 25% capacity limit on church's, with fines of $1,000 if broken. The church could simply ignore the 25% rule. When the get fined, the fine is null and void.

So there's nothing the states can do.

roamer65

(36,745 posts)
11. Cuomo can just close the churches and ignore the SC ruling.
Fri Nov 27, 2020, 01:47 AM
Nov 2020

That’s what the National Guard is for...emergencies...like pandemics.

It’s called nullification.

Nullification is in current use. The states that have passed recreational MJ legalization are effectively nullifying federal law.

IsItJustMe

(7,012 posts)
12. Ding! Ding! Ding!
Fri Nov 27, 2020, 02:00 AM
Nov 2020

I like that answer. It's a lot easier to not enforce a law though than it is to enforce it. It's gonna be interesting.

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