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The Judiciary can deputize anyone to be their Marshals, if the executive prevents the existing Marshals to faithfully follow legal court orders. If that fails,
by generj 1y ago
The Judiciary can deputize anyone to be their Marshals, if the executive prevents the existing Marshals to faithfully follow legal court orders.
If that fails, the Judiciary could also in theory declare the executive in breach of their oaths and urge the military, state and other federal officials, and the public at large to follow their own oaths to the Constitution.
But at that point it’s just a civil war with more legitimacy. It’s still the right move for the court to make in the situation where they can no longer force the executive to follow the law.