Three weeks into President Donald Trump’s second term, the federal judiciary is pushing back against his attempts to unilaterally reshape the federal government. On Saturday, a federal judge in New York issued an order blocking officials from the Elon Musk Department of Government Efficiency (DOGE) from accessing federal funds, effectively cutting off what serves as the government’s checkbook. Meanwhile, on Monday, a judge in Boston will hear arguments on whether to pause a sweeping buyout plan that could drastically reduce the size of the federal workforce.
Now, with Musk reportedly considering defying court orders, the judiciary may soon face an unprecedented constitutional crisis—a sitting U.S. president openly disobeying a judicial ruling.
Courts’ Options for Enforcing Orders
While no direct challenge to judicial authority has occurred yet, constitutional law professor Justin Levitt—who previously served in the Biden administration—outlined the potential legal consequences for defying court orders.
1. Exponentially Increasing Fines
One enforcement tool at the courts’ disposal is exponentially escalating fines, which could target Elon Musk and DOGE employees.
“Those sanctions can be swift and painful,” Levitt explained. “A $1,000 fine today could double each day, quickly adding up to real financial consequences. Even the richest man in the world can’t indefinitely ignore an exponential penalty.”
While Musk—the world’s wealthiest man—could theoretically absorb financial penalties, younger employees within DOGE may not be able to withstand the burden.
2. Contempt of Court and Jail Time
Beyond fines, judges could resort to incarceration as a legal remedy, meaning Musk or others refusing to comply with a court order could face an indefinite jail sentence.
“A judge could rule, ‘I’m going to put you in jail until you comply with my order,'” Levitt said.
Importantly, Trump’s presidential pardon power does not extend to civil contempt cases, meaning he cannot shield Musk or DOGE officials from legal consequences.
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Republicans Fight Back Against Judges
While the judicial system is attempting to curb Trump’s executive overreach, Congress could also intervene—but the Republican majority has shown little interest in doing so.
Instead, some GOP lawmakers are actively working to limit judicial oversight:
- Sen. Tom Cotton (R-Ark.) suggested that U.S. District Judge Paul Engelmayer, who blocked DOGE’s access to Treasury funds, should be barred from ruling on any cases related to the Trump administration.
- Rep. Darrell Issa (R-Calif.) announced plans to introduce legislation aimed at limiting the power of federal judges to review Trump’s government policies.
“We need to stop these rogue judges and let Trump and DOGE decide where taxpayer money is spent,” Issa stated.
A Constitutional Showdown Looms
With the judiciary asserting its authority and the executive branch resisting, the United States may be headed for a legal and constitutional crisis unlike anything in modern history. Whether Trump and Musk comply with court rulings or attempt to override judicial authority remains to be seen—but the battle over the separation of powers is only just beginning.
