Justice Gorsuch stated, “When this court issues a decision, it constitutes a precedent that commands respect in lower courts.”
Supreme Court Justices Neil Gorsuch and Brett Kavanaugh joined in a rebuke of lower courts this past week for ignoring the rulings of the Supreme Court, which has upheld the authority of President Donald Trump and his administration in a variety of emergency requests over the summer.
In an emergency ruling, which allowed the president’s administration to terminate $783 million in National Institute of Health (NIH) grants for diversity, equity, and inclusion (DEI) programs, Justices Gorsuch and Kavanaugh wrote an opinion addressing lower courts deciding differently from the high court’s decisions on emergency filings.
“This is now the third time in a matter of weeks this court has had to intercede in a case ‘squarely controlled’ by one of its precedents,” Justice Gorsuch wrote. “Lower court judges may sometimes disagree with this court’s decisions, but they are never free to defy them.”
There has been some debate as to whether the Supreme Court’s emergency rulings set precedent the same way that the regular merits docket does.
As the Lord Leads, Pray with Us…
- For discernment for the justices of the Supreme Court as they consider emergency requests from President Trump’s administration.
- For wisdom for federal district and appellate judges to rule impartially according to the Constitution, federal law, and Supreme Court precedent.
Sources: CNN, SCOTUS Blog
