stupid question.
if a judge were to be the subject of an executive order... could that judge block that executive order, too?
Asking before a friend needs to block an executive order....
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stupid question.
if a judge were to be the subject of an executive order... could that judge block that executive order, too?
Asking before a friend needs to block an executive order....
The President doesn't have authority over Courts like that.
Congress regulate the scope of the Courts per Article III Section 1 of the Constitution. However, the Courts have the ability to rule any law unconstitutional that changes their authority too much.
Congress cannot get rid of the supreme court. It must always exist. But they can reduce the size to a single judge.
Hypothetically speaking, Congress can change the Justice system to be a single court with a single judge. Now they can reduce the size, but they can only impeach judges out of their job. So if they reduced the size to a single judge, they would have to wait until all the other justices died off or impeach the eight they want to get rid of.
The President only has the power to appoint Judges. And also Executive Orders only apply to the Executive. So EOs don't apply to Congress or the Judicial.
All that said, nothing stops the President from arresting Judges and throwing them in jail until the President gets his way. No President does that because that would likely lead to a very bad place for the US.
Of course that only applies to Presidents who give two shits about the country. So to answer your question, normally no. With Trump? I mean it wouldn't surprise me if he started disappearing judges he didn't like.