The System Of Checks And Balances Doesn’t Work When One Branch Refuses To Play By The Rules

Legal Issues

from the fuck-em-for-existing-I-guess dept

Technically — TECHNICALLY! — we still have a system that relies on three co-equal branches to ensure that any single branch can’t steamroll the rest of the system (along with the nation it’s supposed to serve) to seize an unequal amount of power.

Technically.

What we’re seeing now is something else entirely. The judicial branch is headed by people who are willing to give the executive branch what it wants, so long as the executive branch is headed by the Republican party. The legislative branch — fully compromised by MAGA bootlickers — has decided to simply not do its job, allowing the executive branch to seize even more power. The executive branch is now just a throne for a king — a man who feels he shouldn’t have to answer to anyone — not even his voting bloc — so long as he remains in power.

The courts can act as a check against executive overreach. But as we’ve seen time and time again, this position means nothing if you’re powerless to enforce it. And that has led to multiple executive officials telling the courts to go fuck themselves when they hand down rulings the administration doesn’t like. A current sitting appellate judge no less made a name for himself in the Trump administration by demonstrating his contempt for the judicial system he’s now an integral part of.

Only good things can come from this! MAGA indeed!

And while this is only one person’s retelling their experience of being caught in the gears of Trump’s anti-brown people activities, it’s illustrative of what little it matters that there are three co-equal branches when one branch makes it clear on a daily basis that it considers itself to be more equal than the rest of them. (via Kathleen Clark on Bluesky)

This is from a sworn statement [PDF] in ongoing litigation against the federal government, as told by “O.,” a Guatemalan resident of Minnesota who has both a pending asylum application as well as a Juvenile Status proceeding still undergoing in the US. None of that mattered to ICE officers, who arrested him in January 2026 and — within 24 hours — shipped him off to a detention center more than a thousand miles from his home.

O. was denied meals, access to phones, access to legal representation, stuffed into overcrowded cells, and generally mistreated by the government that once might have honestly considered the merits of his asylum application.

But the real dirt is this part of the sworn statement, which again exposes this administration’s complete disinterest in adhering to orders from US courts, much less even paying the merest of lip service to rights long considered to be derived from none other than the “Creator” himself.

ICE did not tell me that my attorney had been trying to call me and contact me while I was in Texas. They didn’t tell me my attorney Kim, had retained another attorney, Kira Kelley, to file a habeas petition on my behalf, or that a court had granted it and ordered my release. They just kept holding me there and occasionally trying to get me to self-deport.

[…]

I was put in a cold cell where I had to sleep on the bare cement floor. Around 10 in the morning my cellmate asked to speak to an ICE officer. Three officers came into the cell so I had a chance to speak to them too. One officer told me that I “had no chance of returning to Minnesota” and that “the best thing for [me] is self-deportation.” She told me that if I fought my case, I would spend two to three more months here in El Paso. She offered me $2600 to self-deport. I refused. I wanted to talk to my attorney. They didn’t tell me the judge had already ordered my release and return to Minnesota. If I hadn’t managed to talk to my attorney who told me a while back that I was ordered released, I might have given up at this point and signed the self deportation forms because the conditions were so unbearable.

So… you see the problem. A court can order a release. But the court relies on the government to carry out this instruction. If it doesn’t, the court likely won’t know for days or weeks or months. At that point, a new set of rights abuses will have been inflicted on people who should have been freed. When the government is finally asked to answer for this, it will again engage in a bunch of bluster and obfuscation, forcing the court system to treat the administration like a member of the system of checks and balances even when it’s immediately clear the executive branch has no desire to be checked and/or balanced.

While more judges are now treating the executive branch as a hostile force unwilling to behave honestly or recognize restraints on its power, the imbalance continues to shift in the administration’s favor, largely because it can engage in abusive acts at scale, while the court is restrained to the cases presented to it.

But if you’re outside of the system, you can clearly see what’s happening and see what the future holds if one-third of the government refuses to do its job (the GOP-led Congress) and the other third can’t handle the tidal wave of abuses being presented to it daily. The executive branch will become a kingdom that fears nothing and answers to no one. But the bigger problem is this: most Americans will see this and understand that this will ultimately destroy democracy. Unfortunately, there’s a significant number of voters who actually welcome these developments, figuring it’s better to lick the boots of someone who prefers to rule in hell, rather than serve the United States.

Filed Under: cbp, dhs, mass deportation, trump administration