The New York Times surveyed nearly four-hundred federal judges, asking them about their views of the Supreme Court's emergency docket. I agree with co-blogger Jon Adler that the sample was skewed, and the small number of negative responses likely came from those judges who are "most unhappy with or critical of the Supreme Court." The biggest takeaway is that most judges ignored the survey, as they should have.
Still, I think the limited results reflects a brewing judicial crisis. After a years-long effort to delegitimize the Supreme Court, members of the Judiciary are now voicing these same concerns in off-the-record interviews, and from the bench.
Some of these judges may have simply lost their way, such as Judge Young in Boston. But other judges such as Judge Burroughs are speaking on these issues publicly.
