Darkwind
Diamond Member
- Jun 18, 2009
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Shove it.
Lower court judges overseeing the avalanche of lawsuits against President Donald Trump’s powergrab are increasingly voicing their concerns and frustrations with the Supreme Court’s handling of the second Trump administration thus far.
In recent court opinions and rare media interviews, judges have critiqued the high court for overturning lower court rulings while offering little to no legal explanation. The practice, judges have said, is unleashing uncertainty throughout the federal judiciary and hampering lower courts’ abilities to defend the rule of law.
They have also accused SCOTUS of failing to protect the integrity of the judiciary amid Trump’s unprecedented assault on the courts.
Currently, no legal challenge to Trump’s second-term policies has reached the Supreme Court through ordinary proceedings.
Normally, after working their way through district and appellate courts, cases are filed to the Supreme Court’s merits docket. If accepted, merits docket cases are entitled to formal briefs and oral arguments and are resolved with lengthy written opinions detailing the legal reasoning of the majority and including any concurring and dissenting opinions.
Every action SCOTUS has taken in Trump-related cases this year has instead been through its emergency — or “shadow” — docket.
Unlike its traditional merits process, cases that go through the court’s emergency docket normally do not undergo full briefing or oral argument and are usually decided in just a few days, often through unsigned and unexplained orders.
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Federal Judges Are Fed Up With SCOTUS
Read about the fight for democracy from activists, elected officials, legal experts and others.www.democracydocket.com

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