Justice Gorsuch Smacks Lower Courts Back Into Reality for Continuing to Defy SCOTUS Rulings

When the Left has nothing remaining with which to do battle, they take their issues into court—most of them are asinine but still the wheels of progress grind to a halt

The Left shops around whichever issue they want to force onto the American people until they find a left-leaning communist/globalist-appointed judge from whom they know they will be given the outcome they want.

This from redstate.com.

The Left was unable to stop President Trump’s return to the White House, so they are trying to stop his progress by using the in-justice system. And putting a stop to their wrongful use of the in- justice system literally took an act of Congress, but still some wayward judges continue to issue mal-intent edicts. And now, finally, Supreme Court Justices have had enough and are speaking out.

On Thursday, in a rare instance of public comment, Supreme Court Justice Neil Gorsuch called out lower courts and their judges for repeatedly ignoring Supreme Court rulings. In a ruling that allows the Trump administration to move ahead with cutting millions of dollars in National Institutes of Health (NIH) grants, Gorsuch slapped back at a lower court, writing in an opinion that it was the “third time in a matter of weeks” the Supreme Court was forced to reverse a lower court ruling on an issue they had already ruled on.

Along with Justice Brett Kavanaugh, Gorsuch flexed some Supreme Court muscle, having written:

Lower court judges may sometimes disagree

with this Court’s decisions, but they are never free to defy them.

And it is something that has obviously become problematic enough for Justices to address yet still continues to happen. In April, The Supremes ruled the Trump administration could continue the termination of diversity, equity, and inclusion (DEI)-related teacher training grants.

In June, however, a lower court allowed a lawsuit “involving materially identical grants” from the NIH to proceed, but that court cherry-picked the dissenting justices’ opinion and ignored the majority ruling. That judge ultimately blocked the Trump administration’s ending of DEI and gender ideology-related grants.

Gorsuch wrote of this instance of lower court defiance:

If nothing else, the promise of our legal system that like cases are treated alike means that a lower court ought not invoke the ‘persuasive authority’ of a dissent or a repudiated court of appeals decision to reach a different conclusion on an equivalent record.

But as we have seen since Trump took office, there are many more examples of lower courts and judges blatantly ignoring SCOTUS decisions. Gorsuch mentioned them as well. In June, after The Supremes ruled the Trump administration could deport illegal aliens to countries which were not specified in their removal order, Obiden-appointed Judge Brian Murphy claimed one of his orders regarding the deportation of eight illegals to South Sudan was still in effect.

In a 7-2 ruling, SCOTUS later ruled Murphy had violated their original order. Even Justice Elaina Kagan remarked:

I do not see how a district court can compel compliance with an order that this Court has stayed.

Gorsuch also referred to another lower court that blocked Trump from firing three Leftist members of the Consumer Product Safety Commission (CPSC), also in July. However, SCOTUS had given the go-ahead to Trump in May to fire members of administrative agencies.

Gorsuch also called out more of the obvious, having written:

All these interventions should have been unnecessary, but together they underscore a basic tenet of our judicial system: Whatever their own views, judges are duty-bound to respect ‘the hierarchy of the federal court system created by the Constitution and Congress.’

We the People love Justice Gorsuch putting lower court judges on notice, and in a polite, sophisticated SCOTUS kind of way, having asked:

Who the hell do you people think you are?

These activist judges are not fooling anyone, and they would do well to pay attention to the fact that The Supremes are fed up with their grandstanding and defying Supreme Court rulings—at least a few of them are.

Final thoughts: It is doubtful the activist judiciary will be deterred. What will likely be required is some sort of allowance for the Trump administration to ignore contradictory lower court decisions or one or more judges having their hands slapped.