A constitutional crisis is emerging in America’s federal courts as the Supreme Court faces open defiance from lower judges. Legal scholars warn this unprecedented resistance threatens the hierarchy and stability of the judiciary.
Justice Neil Gorsuch recently issued a scathing rebuke, noting that the Court has had to reverse lower rulings three times in just weeks. Joined by Justice Brett Kavanaugh, he stressed, “Lower court judges may sometimes disagree, but they are never free to defy.”
The clash came after a 5-4 decision allowing the Trump administration to cut National Institutes of Health (NIH) grants tied to diversity, equity, inclusion (DEI) programs, gender studies, and COVID-19 projects. Justice Amy Coney Barrett provided the deciding vote but later sided with liberals to preserve NIH guidance on policy priorities, showing the complexity of modern administrative law.
This defiance is not isolated. In July, a district court tried to block Trump’s deportation policies despite Supreme Court precedent. Even Justice Elena Kagan, who had dissented earlier, sided with conservatives to enforce the Court’s authority, highlighting bipartisan concern over judicial insubordination.
The most contentious case arose when U.S. District Judge William Young ordered NIH to restore DEI-related grants, despite a Supreme Court ruling upholding Trump’s authority to cut them. Young’s sharp language reflected personal political views, which critics say crosses the line into judicial overreach.
Scholars warn this behavior undermines consistency in federal law, creating unpredictability for government, businesses, and citizens alike. When judges substitute personal opinions for precedent, the rule of law weakens.
Barrett also raised procedural concerns, suggesting such funding cases belong in the U.S. Court of Federal Claims, not district courts—underscoring the risks of forum shopping.
At stake is more than policy. The Supreme Court’s warnings reflect fears that growing lower court defiance could destabilize the constitutional balance of powers itself.
