U.S. District Judge James Boasberg has just accused the Trump administration of “deliberately and gleefully” violating his order and showing “contumacious behaviour”.
Boasberg had issued a ruling on the US government’s lack of compliance with his orders to cease deportation of alleged Venezuelan gang members under the Alien Enemies Act. He is requiring the administration to respond to his decision. Many are wondering if Boasberg can be the super hero that the US needs to maintain the rule of law against Trump’s constant erosion of it.
Alien enemies act
The Alien Enemies Act is an 18th-century US law, that gives the US President the powers to order the immediate arrest and removal of noncitizens during wartime. President Donald Trump has controversially invoked to deport immigrants without due process. The US is not at war. The act has only been invoked three times previously—during the War of 1812 (between the US and Britain) and the First and Second World Wars.
Response to the contumacious behaviour accusation
Trump administration officials claimed they did not violate the judge’s orders and asked the Supreme Court to overturn them. The court did so on 7 April in a divided ruling. Trump officials then argued to Boasberg that this nullified any contempt proceedings.
Boasberg has rejected this argument.
Meaning of contumacious
The term “contumacious” is used to describe someone who stubbornly refuses to obey or respect the law, often showing a brazen contempt for authority. It conveys a sense of defiance and rebelliousness. Historically it has been used to emphasise disapproval of such disobedience. Courts have the authority to impose sanctions on individuals displaying contumacious behaviour, highlighting the seriousness of this conduct.
Contumacious is an adjective that has been in English since about 1600. As you might guess, as a legal term, it comes from a Latin word—“contumacy” from “contumax”. Contumax means haughty, stubborn, insolent, obstinate, unyielding. Contumax in law refers to someone who refuses to appear in a court of law, in disobedience of a summons.
Contumacious is related to the noun “contumely” which means insolent, offensive, abusive speech from about a century before. It originates from, the Old French word “contumelie” also probably originating from contumax.
Defying the law
The case has highlighted some of the most dangerous legal tendencies of the Trump administration. The New Yorker describes it as “a hyper-aggressive conception of Presidential power combined with an eagerness to stretch statutory language beyond any reasonable bounds”.
The legal battle that is going on is currently a battle of words but it may be much more serious. Many see Trump as attempting to defy or even overrule the rule of law. The US judicial system has become politicised and thus seems to be lacking the credibility to independently arbitrate and resist the “contumacious behaviour” of Trump’s administration.
Will Boasberg quell Trump’s contumacious behaviour? Keep watching.