Why Contempt Rulings Do Not Matter
1. Courts Have No Independent Enforcement Mechanism
- Courts don’t have their own police or jails. They rely on the executive branch—primarily the DOJ—to enforce their rulings.
- When the DOJ refuses to prosecute contempt or execute injunctions, the court’s orders become symbolic, not functional.
- We are already seeing this: judges like Boasberg and Xinis are issuing strong opinions—but they are being openly ignored.
2. The DOJ Is Now Politicized and Captured
- The Trump-aligned DOJ has been restructured to follow executive loyalty, not legal neutrality.
- Instead of protecting judicial orders, it is:
- Undermining them (e.g., lying about SCOTUS rulings)
- Harassing dissenters (e.g., Letitia James, state attorneys general)
- Reassigning loyalists (e.g., Koval, Rehling) into enforcement roles
If the DOJ won’t act, the courts have no teeth.
3. Private Prosecution Paths Are Weak and Risky
- Judges like Boasberg have floated the rare idea of appointing private prosecutors under Rule 42 to pursue contempt.
- But that is:
- Legally complex
- Politically vulnerable
- Easy for the administration to stall or discredit
- It’s more a cry for help than a dependable path to justice.
4. The Administration Is Actively Mocking the Courts
- Posts like “Oopsie… too late” and “Fixed it for you, NYT” are not just offensive—they are signals.
- The regime is broadcasting that judges have no power over them, and dares others to prove otherwise.
- That kind of theater only works if the audience is powerless—and increasingly, that’s true.
Bottom Line:
Contempt rulings without enforcement are not accountability—they’re gravestones.
The courts are writing obituaries for the rule of law in real time. And until another institution regains enough power to act—whether civil society, a state coalition, or global leverage—those rulings will remain paper shields.