Federal judges rarely speak out against the bench, especially against the highest court in the land - the Supreme Court. But we are not living in normal times. NBC News conducted incredible interviews with a dozen federal judges - who were appointed by both Democrat and Republican Presidents - about their thoughts on a myriad of issues, including how the Supreme Court is handling these tumultuous legal times. And they did not mince words.
High level - they are "frustrated with the Supreme Court for increasingly overturning lower court rulings involving the Trump administration with little or no explanation."
The judges also think Chief Justice Roberts could do more to "defend the integrity of their work" in the face of blistering, and often biased, criticism from Donald Trump and his right wing allies.
Lower court judges are the first line of defense against the often illegal actions of the Trump Administration 2.0. But, they work hard to research and decide cases based on case law. When they go against the Trump WH, as is often the case, Trump himself often attacks them by name - and sometimes shares photos of them on social media - leading the threats of violence.
The Supreme Court has stayed silent in the face of these threats.
When Trump invariably appeals the case up to the Supreme Court in the form of an emergency ruling, it is usually decided 6-3, in favor of Trump, with no explanation given.
Prior to Trump, emergency rulings were very rare and reserved for the most time sensitive and urgent decisions. Hence the name "EMERGENCY RULING." But under Trump, the number has dramatically increased. And John Roberts has rolled over and given Trump everything he has asked for. Even presidential immunity.
Of the 12 judges who spoke with NBC, ten of them 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."
All valid criticism.
Even more scathing - one of the judges said of the Supreme Court: “It is inexcusable. They don’t have our backs.”
All 12 judges wanted to remain anonymous, which was wise, since they are outwardly criticizing Donald Trump's largely handpicked Supreme Court. They face "swatting", threats of violence, and even targeting by MAGA right wing manosphere figures.
One of the judges interviews that that if something is not done to quell the threats, “somebody is going to die.” Four of the 12 judges said they believe Justice Roberts should "do more to defend the courts." Another judge went farther, saying that the Supreme Court is "effectively assisting the Trump administration in “undermining the lower courts,” leaving district and appeals court judges “thrown under the bus.” "
Another judge told NBC that the Supreme Court has "an obligation to explain rulings in a way the public can understand...adding that when the court so frequently rules for the administration in emergency cases without fully telling people why, it sends a signal....the Supreme Court is effectively endorsing Miller’s claims that the judiciary is trying to subvert the presidency. It’s almost like the Supreme Court is saying it is a ‘judicial coup."
Not all of the judges were as critical of the Supreme Court. One judge, who was appointed by President Obama, felt that some lower court judges had "been out of line in blocking Trump policies." He said “certainly, there is a strong sense in the judiciary among the judges ruling on these cases that the court is leaving them out to dry they are partially right to feel the way they feel." But, he felt that “the whole ‘Trump derangement syndrome’ is a real issue. As a result, judges are mad at what Trump is doing or the manner he is going about things; they are sometimes forgetting to stay in their lane.”
The usage of the shadow docket is also a problem. It pushes the Supreme Court to rule much quicker than in previous administrations, and with less transparency. Since Trump took office for a 2nd term, he has asked the Supreme Court a staggering 23 times to block or prevent lower court rulings from taking effect under the guise of an emergency.
The Supreme Court has granted 17 of those 23 requests.
In Biden's term, they only had 19 emergency applications over the course of four years.
And that is part of the complaint by the federal judges interviewed. These rulings are coming out at breakneck speed and with little explanation. One of the judges said “judges in the trenches need, and deserve, well-reasoned, bright-line guidance. Too often today, sweeping rulings arrive with breathtaking speed but minimal explanation, stripped of the rigor that full briefing and argument provide.”
Ten of the 12 judges agreed that "the court’s lack of explanation is a problem. Judges must follow Supreme Court precedent, but they can find it difficult to assess what the justices are asking them to do."
Another judge went so far as to say that the Supreme Court is UNDERMINING the federal judges role in the judicial system by their "frequent interventions, before there has been extensive litigation and, potentially, a trial.". They went on to say “it’s very discouraging. We are operating in a bit of a vacuum.”
Justice Roberts, the man almost totally responsible for the degradation and collapse of the Supreme Court, had no comment. Shocking, Not.
