Gorsuch stressed that the district court’s actions were not a “one-off,” pointing to two other recent cases where lower courts resisted Supreme Court orders.
In July, the justices ruled 7-2 to block a district court’s attempt to override the high court’s order allowing Trump to resume third-country deportations. Even Justice Elena Kagan, who had dissented from the original ruling, sided with the majority to enforce the order.
That same month, the high court struck down another lower court ruling that sought to block Trump from firing three Democratic members of the Consumer Product Safety Commission (CPSC). The justices had already granted Trump authority in May to dismiss members of administrative agencies.
“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,’” Gorsuch wrote. Continue reading…