Can a federal judge stop an executive order?

[dustybiker2]

Read, educate then comment

https://www.npr.org/2025/02/06/nx-s1-5287863/who-enforces-judicial-rulings-against-the-president

https://legalknowledgebase.com/can-a-federal-judge-stop-an-executive-order

I hate political Q's why am I asking this...

[Kaneki05]

Yes, that be the point. Many executive orders are rejected or put on hold for any funding which if done basically rejects it however it's not actually rejected which is very important.

The holding of funding is a manipulatution that works by the president only having 4 years. Yes they could fight to get the funding but often they do not and the thing is they would Likely win. The rejection of funds is done primarily due to them thinking they don't have a good enough case to out right reject it.

However they could fight and still lose... So yeah. You have to remember this whole thing is one big legal game so it's just the same as going to court really you may win your case or lose it.

[DryGermanGuy]

Absolutely, it already happened and more will happen in the future.

https://edition.cnn.com/2025/02/05/politics/judge-blocks-birthright-citizenship-executive-order/index.html

[DryGermanGuy]

DOGE blocked by federal judge:
https://www.youtube.com/watch?v=l6TtgmVxKRY

[Amy10223]

Yes, they can, if they find that what the president wanted to pass was questionable, or unconstitutional. If there is anything he tries to do which goes against the Constitution, they will most likely block it.

[msc545]

"Courts may strike down executive orders not only on the grounds that the president lacked authority to issue them but also in cases where the order is found to be unconstitutional in substance."

https://www.fjc.gov/

[msc545]

The problem comes in if a President defies the Court's order. The court has no usable police other than the US Marshall, which is under the jurisdiction of the Justice Department, which is under the jurisdiction of the executive branch.

[exitseven]

@msc545 We all found that out under the Biden administration.

[msc545]

@exitseven How so?

[exitseven]

Biden was able to defy a Supreme Court order and other official rulings because his DOJ controlled all federal law enforcement agencies. His son stood on the steps of the Capitol and thumbed his nose to the whole country because there was nobody that would arrest him and force him to face congress. Rudy Giuliani was trying to form a new police force outside the DOJ that would not be prevented from enforcing the law.

[msc545]

@exitseven Exactly what Supreme Court order did he defy?

[exitseven]

@msc545 It was ruled tht he did not have the authority to bail out the student loans of millions of deadbeat democrat voters. He did it anyway. It was 10 billion dollars wasted.

[msc545]

@exitseven They did not make that ruling, and he did not cancel student loans.

[exitseven]

You are half right. The Supreme Court did rule against this, You are correct in the fact that Biden chose to ignore the ruling and bail out these students anyway. It really was tantamount to blatantly buying votes.
It really angered more voters than it paid for.

[msc545]

@exitseven This is not what happened. You know that.

[Amy10223]

In that case, wouldn't Congress intervene and begin impeachment?

[msc545]

@Amy10223 Congress can, but doesn't have to.

[dustybiker2]

@exitseven Your undies are in a knot over Biden's son and Trumps first move was to release Jan 6 convicted and sentenced criminals?

[Amy10223]

@exitseven Biden did not forgive student loans; he extended them. As for the graveness of that action, are you serious? Forgiving students who can barely afford to live on their owner not having the money to pay off their $60,000 and up loans? What about the mob who threatened and beat police with bats and broke windows at the Capitol Building, invaded it and made it their own home? Who threatened to hand Mike Pence and steal the box of election state votes? Most were pardoned by Trump. You see no wrong in that, yet you point to something like this that would benefit the students. Universities are up more than 300% in the last 30 years, and it's not fair to them. You need a college degree these days to ensure you will have a good future ahead of you.

[exitseven]

@Amy10223 he extended them during covid but forgave them in 2024.

[Surely]

Read them both and still confused. Federal Judges are appointed and not elected by the people. Just like the Supreme Court. Why do they seem to have more power than a duly elected president elected by the people?

[SmokinAces2000]

They share power. A president doesn’t have absolute power if they did they would be a dictator

[dustybiker2]

It makes sense there is a way a president can be held accountable if he falls off the track. I always assumed it would be an ex president coming forth and doing something.
It appears impeachment is the courts only real outcome. And leverage with respect.

[Surely]

If a Federal Judge can stop a president’s executive order. What else can they stop him from doing? Seems like they have more power than the president!

[dustybiker2]

It does

[Dargil]

If it is clearly unconstitutional, it he can temporarily delay it. His decision must stand superior courts. If it is a federal court making a reversed decision, Trump may have him fired.

[msc545]

No Trump cannot fire judges. I know he wants to but he can't.

[Dargil]

@msc545 He has his ways.

[msc545]

Does he get the Proud Boys to lynch them?

[Dargil]

@msc545 Nope. Get them disbarred for absurd rulings. That's what should happen to any judge that issues a ruling without legal representation of the defendant. DJT can ignore the rulings outright but he is playing the long game.

[msc545]

Only you think certain rulings are "absurd", and even if they are, Judges don't get disbarred for that. Do you think Trump goes to court without lawyers?

[overlord337645]

checks and balances in short yes they can if it falls in there jurastiction

[Avicenna]

Some of these constitutional questions are going to have to be addressed by the Supreme Court.

[DrPepper12]

Of course! Judges can slap a writ, injunction, prior restraint, stays, etc. Totally kosher since forever.

[shortster]

Depends on the executive order. If the order infringes upon the powers of the Congress or the Court, yes. If it is a direction to the bureaucracy, then no.

[exitseven]

They can but it will probably be temporarily until it can be overturned.

[blackeagle007]

You betcha. That’s what checks and balances are for. Trump doesn’t checks and balances. He wants to be a dictator

[Wiredone]

If it's unconstitutional I think they can.

I hate talking politics too.

[FunkyMonkee]

How many of Joe's were stopped?

[dustybiker2]

How many did they try? I wasn't paying attention then.

[FunkyMonkee]

I don't know but, I'm pretty sure there were several.

[AnonAndrew]

Yes, they can.

[Miah06]

If it's a violation of the constitution.

[Miah06]

@ashika68 about

[OneViewpoint]

Of course.