Judicial Vigilantism: Inherent Judicial Authority to Appoint Contempt Prosecutors in Young v. United States Ex Rel Vuitton Et Fils S.A.
31 Pages Posted: 10 Aug 2011
Date Written: August 10, 2011
The authors discuss and criticize a Supreme Court case holding that federal courts have the inherent power to appoint a special contempt prosecutor and oversee the criminal contempt prosecution of parties who have failed to comply with their orders. Such authority violates the separation of powers, they argue. Among other things, it usurps the executive’s power of prosecutorial discretion, which also serves as a crucial protection for the accused.
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