That’s the whine of some judges who are criticizing—carefully anonymously, mind you—the Supreme Court for the Court’s emergency rulings overturning lower court rulings as the Justices agree with the Trump administration arguments.
A group of anonymous federal judges is criticizing the Supreme Court for overturning lower court rulings and siding with President Donald Trump’s administration with little to no explanation, NBC News reported Thursday.
And
…judges argued the Supreme Court should offer more explanation when overturning such decisions, saying emergency rulings in such cases imply poor work on the part of lower court judges.
It implies no such thing, of course. This is just an example of the pseudo-logic of these judges, judges who misapply the statutes before them, choosing to rule based on what they wished the statutes said rather than what they actually say. Overturning decisions without explanation in an emergency ruling plainly means nothing more or less than that the Court chose not to explain within the time constraints of an emergency ruling. It certainly applies, or even implies, nothing regarding any motive for the ruling,nor does it even come close to siding with President Donald Trump’s administration, just that the Court agreed with the administration’s arguments. These judges also are carefully ignoring the fact that the Supreme Court’s emergency rulings are merely temporary, overruling lower court temporary restraining orders and temporary injunctions as the underlying cases make their way through the courts.
“It is inexcusable,” one judge said of the Supreme Court. “They don’t have our backs.”
This is a judge who doesn’t even understand his oath of office. It’s not the Supreme Court’s job to backstop lower court judges. It’s the Supreme Court’s job—it’s the job of all of those lower court judges, also—to apply the law as it is written. It’s the job of appellate court judges, especially of Supreme Court Justices, to correct lower court mistakes in the application of the law—statute and Constitution—at least as much as it is to uphold a lower court’s ruling when that ruling applies the law as written.
Separately, “carefully anonymous:” these judges don’t even have the courage of their convictions. They just want to yap from the safety of their respective private porches.