Federal Judges Criticize Supreme Court Shadow Docket and Trump Attacks
Twelve anonymous federal judges accused the Supreme Court of undermining the judiciary by overturning lower court rulings via the shadow docket with minimal explanation.
A group of 12 anonymous federal judges, appointed by both Democratic and Republican presidents, told NBC News that the Supreme Court of the United States is undermining the judiciary. The judges alleged that the high court frequently uses its emergency shadow docket to overturn lower court rulings involving the Trump administration with little to no explanation, which they argue validates President Donald Trump's claims that lower court judges are biased or performing shoddy work.
Ten of the judges stated these terse reversals provide insufficient guidance and leave them vulnerable to harsh criticism and violent threats. Some judges specifically called on Chief Justice John Roberts to more aggressively defend the integrity of lower courts. While one Obama-appointed judge acknowledged some peers may have been out of line due to personal feelings toward Trump, others described the Supreme Court's behavior as inexcusable.
In a related development, District Judge Allison Burroughs ruled against the Trump administration's attempt to cancel $2.2 billion in federal grants for Harvard University, citing a First Amendment violation. In her opinion, Burroughs condemned the Supreme Court for its cryptic shadow docket decisions and criticized justices for scolding lower court judges who struggle to interpret those orders. This follows an order by Justice Neil Gorsuch and Justice Brett Kavanaugh claiming lower courts were defying precedents. Justice Kavanaugh later praised trial judges during a talk, while Chief Justice Roberts, through counselor Robert Dow, commented on preserving judicial independence.
