Publication Date
2025
Publication Title
Public Law & Legal Theory
Abstract
Remedies for a Constitutional Crisis William Baude,* Samuel L. Bray,** and Marin K. Levy*** 139 Harv. L. Rev. (forthcoming 2026) Draft of September 29, 2025 In a crisis of authority, where it is unclear whether executive officials will comply with judicial decisions, the courts may seem to have limited remedial options. What can they do other than order that their decisions be followed, and hope for the best? This Essay shows that even once judges are firmly convinced that the executive has violated the law, their remedial options are wide and complicated. Moreover, the best path is frequently not obvious. This Essay canvasses these options and analyzes their tradeoffs and interactions, with the aim of establishing as common knowledge the variety of tools available to federal judges.
Number
25-42
Recommended Citation
Baude, William; Bray, Samuel L.; and Levy, Marin K., "Remedies for a Constitutional Crisis" (2025). Public Law and Legal Theory Working Papers. 25-42.
https://chicagounbound.uchicago.edu/public_law_and_legal_theory/974
