Question: Can the SCOTUS Charge a State With Contempt of Court?

 Question: Can the SCOTUS Charge a State With Contempt of Court?

Al Ritter

In one of my more quizzical moments I wondered if the Supreme Court could charge a State Government with Contempt of Court if that State attempted an end run around a Supreme Court ruling by legislation. I thought it was a logical question and begged further investigation.

I’m not talking about the Abortion issue because that in fact is now, as it always should have been a state issue, because it has never been mentioned in the Constitution regardless of what Joe Biden thinks. The abortion issue was always a SCOTUS ruling that the entire country has dealt with for decades, and now it’s been rescinded.

The issue that I am addressing is The Concealed Carry permits. The SCOTUS has made it pretty clear, as they have once before in the Heller decision, but certain individual states have not complied with that ruling and the latest one from two weeks ago.

My question and investigation surrounds…..”What happens when states either don’t comply or initiate an end run around a Supreme Court ruling?” Can the Supreme Court institute a Contempt of Court Charge against an individual offending state?

The answer from what I see so far is yes. Any Court in America can issue a charge of Contempt. There are four types of Contempt of Court charges. Direct Contempt is when the entity is physically in the court which would not apply here. The second is Indirect Contempt, basically after the fact or outside the court which this would apply. The next two types are Criminal and Civil Contempt. Now Criminal has a much narrower proof of burden much in the way that Criminal vs Civil court proceedings go.

With my very limited research and understanding of the law is concerned, (as I have said in the past I am not an attorney) I would assume this would have to be a Civil Contempt Charge mainly because there would be no direct person to charge unless it would be a State’s Attorney, but they wouldn’t have made the end run around a SCOTUS ruling, the legislature would.

BUTTTTTTTTTTTT the SCOTUS could in fact levy a fine per day or per month until the situation is rectified. It sure offers a way to make states come into compliance on a clear cut Decision on a Constitutional Violation mentioned in a Constitutional Amendment.

I like the idea I wished they would move forward! The question isn't really IF they could do it, but WILL they do it?

Read more here:

https://en.wikipedia.org/wiki/Contempt_of_court

NY's new try at an end run around the ruling:

https://thedailybeat.org/a-new-law-requires-new-yorkers-to-provide-social-media-for-gun-permits/?clientId=merged-field-value