WASHINGTON – As lower court judges apply Supreme Court decisions to Trump administration disputes, some justices don’t think they’re getting it right − and potentially deliberately so.
“Lower court judges may sometimes disagree with this Court’s decisions, but they are never free to defy them,” Supreme Court Justice Neil Gorsuch recently admonished in a particularly pointed statement joined by Justice Brett Kavanaugh.
His comments came as part of a fractious Aug. 21 court decision allowing the administration to cancel, for now, health research grants it says promote diversity, equity and inclusion − also known as DEI.
More: DEI grants on the chopping block: Supreme Court sides with Trump on NIH research
Gorsuch wrote that the federal judge who blocked the DEI grant cancellations while the case is being litigated should have known he couldn’t do that.
