William Baude (University of Chicago – Law School), Samuel L. Bray (University of Chicago – Law School), & Marin K. Levy (Duke University School of Law) have posted Remedies for a Constitutional Crisis on SSRN. Here is the abstract:
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.
Highly recommended.