If we have a unitary executive, then the president is over the Supreme Court. I suspect that at least Justices Kavanough, Barrett, and Roberts (along with the liberals) would have a problem with that.
(Some of the liberals might be on board if the president was Harris rather than Trump, but no way are they going to agree with it while Trump is president.)
> If we have a unitary executive, then the president is over the Supreme Court.
No, the Supreme Court is not part of the executive even under unitary executive theory.
OTOH, the US Marshals Service is part of the executive, and, under unitary executive theory, Congress attempting to dictate who within the executive branch can direct them must fail, as the President has absolute and unconditionally delegable authority within the executive.
Which is why fully moving the Marshals to a department within the judiciary would be desirable, though I think there's a significant ethical issue for the judiciary to contend with re: having to actually enforce its orders. At a sort of silly level, there's probably concern that "justice is blind" cannot mix with "justice needs to see where it's aiming if it's going to enforce anything." Judge Dredd and whatnot.
But, man, if the executive is fully on board with ignoring law, what is even the point of trying?
If we have a unitary executive, then the president is over the Supreme Court. I suspect that at least Justices Kavanough, Barrett, and Roberts (along with the liberals) would have a problem with that.
(Some of the liberals might be on board if the president was Harris rather than Trump, but no way are they going to agree with it while Trump is president.)