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HERE COMES THE JUDGE

There have been instances in U.S. history where a president has defied or ignored a federal judge's ruling.

Andrew Jackson (1832) – Ignored Supreme Court in Worcester v. Georgia

What Happened? The Supreme Court ruled in Worcester v. Georgia (1832) that the state of Georgia could not impose its laws on Cherokee territory.

Jackson’s Response: He reportedly said, “John Marshall has made his decision; now let him enforce it.”

Impact: Jackson refused to enforce the ruling, leading to the forced removal of Native Americans, culminating in the Trail of Tears.

Abraham Lincoln (1861) – Ignored Habeas Corpus Order

What Happened? During the Civil War, Lincoln suspended habeas corpus (the right to appear before a judge) to arrest suspected Confederate sympathizers.

Chief Justice Roger Taney’s Ruling: In Ex parte Merryman (1861), Taney ruled that only Congress, not the president, could suspend habeas corpus.

Lincoln’s Response: He ignored the ruling and continued suspending habeas corpus.

Franklin D. Roosevelt (1942) – Japanese American Internment

What Happened? FDR signed Executive Order 9066, forcing Japanese Americans into internment camps during World War II.

Legal Challenge: Federal courts upheld the order at the time (Korematsu v. United States, 1944), but later rulings criticized the decision.

Impact: The order was seen as unconstitutional, but it wasn’t defied in the traditional sense.

Dwight Eisenhower (1957) – Defied a State Judge, Enforced Federal Law

What Happened? After the Supreme Court’s ruling in Brown v. Board of Education (1954), Arkansas Governor Orval Faubus used the National Guard to block Black students from entering Little Rock Central High School.

State vs. Federal Conflict: A federal judge ordered desegregation, but Faubus ignored it.

Eisenhower’s Response: He overruled the state judge and sent federal troops to enforce school desegregation.

Richard Nixon (1974) – Refused to Hand Over Watergate Tapes

What Happened? During the Watergate Scandal, a federal judge ordered Nixon to hand over White House tapes.

Supreme Court Ruling: In United States v. Nixon (1974), the Court unanimously ruled that Nixon must comply.

Nixon’s Response: He delayed but eventually complied before resigning.

Donald Trump (Multiple Cases)

Travel Ban (2017): Federal judges blocked Trump’s travel ban, but his administration continued fighting in court until the Supreme Court upheld a revised version.

Jan. 6 Records (2021-2022): Trump sought to withhold White House documents from Congress, but courts ruled against him.

Gag Orders (2023-2024): Some judges issued gag orders on Trump in legal proceedings, which he openly criticized and sometimes violated.

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FLOSSI’S CONFIRMATION BY THE SENATE

The first Cabinet nominee to be rejected by the U.S. Senate was Roger B. Taney, nominated by President Andrew Jackson to serve as Secretary of the Treasury in 1834.

Roger B. Taney:

Taney had been a close ally of President Jackson and served as the acting Secretary of the Treasury in 1833.

He supported Jackson's controversial decision to remove federal deposits from the Second Bank of the United States, which sparked fierce political opposition.

The Controversy:

Jackson's decision to dismantle the Bank of the United States was highly polarizing, and Taney's role in removing federal funds made him a target of critics, particularly in the Senate.

The Senate, led by Jackson's opponents, including members of the Whig Party like Henry Clay and Daniel Webster, viewed Taney as complicit in what they considered an abuse of presidential power.

The Rejection

In 1834, Jackson formally nominated Taney to permanently serve as Secretary of the Treasury.

The Senate, controlled by Jackson's political opponents, rejected the nomination, making Taney the first Cabinet nominee in U.S. history to be denied confirmation.

Aftermath

Supreme Court Appointment:

Despite his rejection, Taney remained a trusted advisor to Jackson. In 1836, after the death of John Marshall, Jackson nominated Taney to serve as Chief Justice of the United States Supreme Court.

This time, Taney was confirmed by a closely divided Senate, and he served as Chief Justice until he died in 1864.

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