Thank God for judges of great knowledge, integrity, and courage, ... including Judge Gertner!! This is a terrific article, neatly providing an authoritative perspective on an issue I have often wondered about -- how judges respond to having their carefully considered decisions, often involving complex, lengthy legal reasoning, overturned in shadow docket decisions that lack transparency, a thought process, are not based on hearing evidence, and overturn precedent. It is reassuring to know that expert legal minds can grasp what is going on ... at a whole different level than is still obvious to someone like me, who possesses a deep revere for the rule of law. No one should be above it, including the 6 MAGA justices. Calling them "justices" seems a misnomer, I'm afraid.
The six hacks who make up the kangaroo majority of the court have earned the right to be impeached along with the corrupt freak that occupies the White House largely because of the “leadership” of John Roberts.
""Lower court judges may sometimes disagree with this Court’s decisions, but they are never free to defy them.”"
Why then can with all of the best evidence provided by the lower courts, can the supine court roll over their decisions based upon arcane, arbitrary and dodgy precedents, or ignore precedents entirely when they are inconvenient? It seems as if the lower courts are supporting justice while the supines dispense favors.
And like the master they serve, it’s the unbelievable arrogance. A healthy thinker would look at the number of cases where everyone’s been in agreement until it’s their turn, and then they overturn, as suspect, I would think. I think they’re just not professional or competent. They are hacks.
If the Supreme Court and Republicans can play Calvinball, why don’t the Democrats do the same? Dems need to form their own shadow Supreme Court that actually follows the Constitution. Who could do this? The Blue State Attorneys General?
I am getting ready to respond to this and reading Sally Fells comment below at the same time, and she has already said what I feel. But I will also say that since so many legal precedents are becoming. distorted or totally overlooked by a Supreme Court that is anything but supreme anymore, I feel that the judicial system and the population should step in and police the legal prostitutes that sit on that bench. Life tenure should no longer be guaranteed, and a vote of "no confidence" by the legal profession and whomever else that counts in the profession should remove the exiting court and replace it with one that recognizes the constitution and other laws of the land and properly protects the people and institutions that once long ago could depend on it and perform their duties well and with a moral ethics that served this country in a positive light. Except for three members of the existing SCOTUS, I am sick of the other bobble heads, and I think their heads ought to roll.
Thank you Nancy. This is a wonderfully penned piece of writing.
This is a wonderful article and a hopeful one. Although lower courts cannot prevent their decisions from being overturned, they can finally call a pig a pig instead of a silk purse which it can never be. Silence and apologies might leave an unlocked window cracked for another day, but that window has been firmly shuttered for months now and we aren't going to see daylight through those tactics. Even when everyone or many can see this SCOTUS has begun to simply lay back, gesture at tRump, and use the shadow docket to say "what he said" it's tremendously useful to call out their decisions for what they're worth: Very little as valid precedent and probably quite a bit more in terms of lucre and personal safety. When the boy pointed out the emperor had no clothes, everyone including the emperor was more willing to admit it. We need to increase messaging pressure on the SCOTUS on their web page and on social media to help.
Judge Young should rescind his apology. He did nothing wrong. Not so, the Supreme Court. When you have to threaten lower court judges, as Gorsuch did, you’re losing.
Thank God for judges of great knowledge, integrity, and courage, ... including Judge Gertner!! This is a terrific article, neatly providing an authoritative perspective on an issue I have often wondered about -- how judges respond to having their carefully considered decisions, often involving complex, lengthy legal reasoning, overturned in shadow docket decisions that lack transparency, a thought process, are not based on hearing evidence, and overturn precedent. It is reassuring to know that expert legal minds can grasp what is going on ... at a whole different level than is still obvious to someone like me, who possesses a deep revere for the rule of law. No one should be above it, including the 6 MAGA justices. Calling them "justices" seems a misnomer, I'm afraid.
Great article. Thank you!
The Roberts court stopped being "supreme" with the Citizen United decision.
Since the Dobbs decision it has become a lawless right wing hack mouthpiece for Leonard Leo, a number of billionaires and the orange convicted felon.
The six hacks who make up the kangaroo majority of the court have earned the right to be impeached along with the corrupt freak that occupies the White House largely because of the “leadership” of John Roberts.
""Lower court judges may sometimes disagree with this Court’s decisions, but they are never free to defy them.”"
Why then can with all of the best evidence provided by the lower courts, can the supine court roll over their decisions based upon arcane, arbitrary and dodgy precedents, or ignore precedents entirely when they are inconvenient? It seems as if the lower courts are supporting justice while the supines dispense favors.
And like the master they serve, it’s the unbelievable arrogance. A healthy thinker would look at the number of cases where everyone’s been in agreement until it’s their turn, and then they overturn, as suspect, I would think. I think they’re just not professional or competent. They are hacks.
Thank goodness someone is finally using common sense when it comes to the SC and their shadow docket. I agree with “hell no, not on my watch!“
Thank you, your honor, for holding this court to a standard.
Is there a pathway for the lower courts to make the final decision on Trump cases and not send them to the Supreme Court?
Blue States need a shadow Supreme Court of our own that follows the Constitution. Maybe lower courts can figure out how?
“the formality of notes on a napkin” — a priceless summation.
I am here for articles like this.
If the Supreme Court and Republicans can play Calvinball, why don’t the Democrats do the same? Dems need to form their own shadow Supreme Court that actually follows the Constitution. Who could do this? The Blue State Attorneys General?
Thank you!
I am getting ready to respond to this and reading Sally Fells comment below at the same time, and she has already said what I feel. But I will also say that since so many legal precedents are becoming. distorted or totally overlooked by a Supreme Court that is anything but supreme anymore, I feel that the judicial system and the population should step in and police the legal prostitutes that sit on that bench. Life tenure should no longer be guaranteed, and a vote of "no confidence" by the legal profession and whomever else that counts in the profession should remove the exiting court and replace it with one that recognizes the constitution and other laws of the land and properly protects the people and institutions that once long ago could depend on it and perform their duties well and with a moral ethics that served this country in a positive light. Except for three members of the existing SCOTUS, I am sick of the other bobble heads, and I think their heads ought to roll.
Thank you Nancy. This is a wonderfully penned piece of writing.
This is a wonderful article and a hopeful one. Although lower courts cannot prevent their decisions from being overturned, they can finally call a pig a pig instead of a silk purse which it can never be. Silence and apologies might leave an unlocked window cracked for another day, but that window has been firmly shuttered for months now and we aren't going to see daylight through those tactics. Even when everyone or many can see this SCOTUS has begun to simply lay back, gesture at tRump, and use the shadow docket to say "what he said" it's tremendously useful to call out their decisions for what they're worth: Very little as valid precedent and probably quite a bit more in terms of lucre and personal safety. When the boy pointed out the emperor had no clothes, everyone including the emperor was more willing to admit it. We need to increase messaging pressure on the SCOTUS on their web page and on social media to help.
Judge Young should rescind his apology. He did nothing wrong. Not so, the Supreme Court. When you have to threaten lower court judges, as Gorsuch did, you’re losing.