With each new day, the revolt in the lower courts grows. What started with the Boston TRO Party has now spread across the nation. Now, more than a dozen judges talked to Lawrence Hurley of NBC News. The message is loud and clear. The inferior court judges are frustrated with the cursory orders from the emergency docket. Moreover, they blame Chief Justice Roberts for not standing up for the judiciary--and indeed fault Roberts's own rulings as legitimating Trump's criticisms. Here are the key excerpt from the article:
Federal judges are frustrated with the Supreme Court for increasingly overturning lower court rulings involving the Trump administration with little or no explanation, with some worried the practice is undermining the judiciary at a sensitive time.
Some judges believe the Supreme Court, and in particular Chief Justice John Roberts, could be doing more to defend the integrity of their work as President Donald Trump and his allies harshly criticize those who rule against him and as violent threats against judges are on the rise.…
Ten of the 12 judges who spoke to NBC News said the Supreme Court should better explain those rulings, noting that the terse decisions leave lower court judges with little guidance for how to proceed. But they also have a new and concerning effect, the judges said, validating the Trump administration's criticisms. A short rebuttal from the Supreme Court, they argue, makes it seem like they did shoddy work and are biased against Trump.
"It is inexcusable," a judge said of the Supreme Court justices. "They don't have our backs." ….
With tensions so high, four of the judges said they believe the Supreme Court and specifically Roberts, the head of the judiciary, should do more to defend the courts.
The Supreme Court, a second judge said, is effectively assisting the Trump administration in "undermining the lower courts," leaving district and appeals court judges "thrown under the bus." ….
The Supreme Court, that judge said, is effectively endorsing Miller's claims that the judiciary is trying to subvert the presidency.
"It's almost like the Supreme Court is saying it is a 'judicial coup,'" the judge said.…
"Judges in the trenches need, and deserve, well-reasoned, bright-line guidance," a judge said. "Too often today, sweeping rulings arrive with breathtaking speed but minimal explanation, stripped of the rigor that full briefing and argument provide."
Ten of the judges, both Republican and Democratic appointees, agreed the court's lack of explanation is a problem. Judges must follow Supreme Court precedent, but they can find it difficult to assess what the justices are asking them to do.…
A judge who spoke to NBC News expressed frustration that judges' role in the judicial system is being undermined by the Supreme Court's frequent interventions, before there has been extensive litigation and, potentially, a trial.
"It's very discouraging," the judge said. "We are operating in a bit of a vacuum."….
Roberts, who generally does not seek public attention, has long been known as an institutionalist who looks out for the interests of the Supreme Court, but several judges wondered whether that instinct extends to lower courts.
"He should be doing everything he can internally to insist on ordinary process," the judge who has received threats said in reference to the emergency cases. Roberts' end-of-year report was "not enough," the judge added.
Another judge said: "He hasn't been completely absent, and he's trying to do the best he can. I wish he would be a little bit more assertive and aggressive."
"If the entire foundation falls out from under your house, it does no good to have a really well-insulated attic," the judge said. "It sure would be nice if someone had our backs."
Kudos to Judge Burroughs in Boston for calling out Justice Gorsuch publicly and by name. All of these other judges, who have life tenure, feel the need to hide behind the cloak of anonymity. Same for the judges who anonymously tell the press they will not take senior status, even they were eligible long before Emil Bove.
