berg80
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- Oct 28, 2017
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In rare interviews, federal judges criticize Supreme Court's handling of Trump cases
WASHINGTON — Federal judges are frustrated with the Supreme Court for increasingly overturning lower court rulings involving the Trump administration with little or no explanation, with some worried the practice is undermining the judiciary at a sensitive time.Some judges believe the Supreme Court, and in particular Chief Justice John Roberts, could be doing more to defend the integrity of their work as President Donald Trump and his allies harshly criticize those who rule against him and as violent threats against judges are on the rise.
In rare interviews with NBC News, a dozen federal judges — appointed by Democratic and Republican presidents, including Trump, and serving around the country — pointed to a pattern they say has recently emerged:
Lower court judges are handed contentious cases involving the Trump administration. They painstakingly research the law to reach their rulings. When they go against Trump, administration officials and allies criticize the judges in harsh terms. The government appeals to the Supreme Court, with its 6-3 conservative majority.
And then the Supreme Court, in emergency rulings, swiftly rejects the judges’ decisions with little to no explanation.
Emergency rulings used to be rare. But their number has dramatically increased in recent years.
In rare interviews, federal judges criticize Supreme Court's handling of Trump cases
Ten judges tell NBC News the Supreme Court needs to explain its rulings better, with some urging Chief Justice John Roberts to do more to defend the judiciary against external criticism.
I know, I know, those Repub judges criticizing Don are being disloyal. Or they aren't "real" Repubs and somehow slipped past the notice of those who told trump to nominate them.
Keep in mind this is not necessarily a rejection of the rulings as much as it is an expression of concern with the lack of an explanation for them.
Ten of the 12 judges who spoke to NBC News said the Supreme Court should better explain those rulings, noting that the terse decisions leave lower court judges with little guidance for how to proceed. But they also have a new and concerning effect, the judges said, validating the Trump administration’s criticisms. A short rebuttal from the Supreme Court, they argue, makes it seem like they did shoddy work and are biased against Trump.