In a rare show of dissent within the judiciary, a dozen federal judges have voiced concern over how the Supreme Court has handled cases involving President Donald Trump.
Speaking anonymously to NBC News, judges said the high court has increasingly overturned lower court rulings in Trump-related disputes through emergency orders — often offering little to no explanation.
Trump and White House press secretary Karoline Leavitt have repeatedly warned over the years: If you read a story with only anonymous sources, read it as “fake news.”
Several judges said Chief Justice John Roberts should more forcefully defend the integrity of lower courts, especially as threats and harassment against judges rise sharply. The U.S. Marshals Service reported more than 400 investigations into threats against judges this year, up nearly 100% from 2021.
Since Trump returned to office in January, his administration has filed 23 emergency appeals, with the Supreme Court granting 17 — frequently siding with controversial policies on immigration, labor, and federal governance. By comparison, the Biden administration filed 19 such applications over four years.
While conservative justices like Neil Gorsuch have scolded lower courts for resisting Supreme Court directives, liberal justices Elena Kagan and Sonia Sotomayor have warned that terse rulings leave judges in “impossible” positions. Some fear that without stronger institutional support, escalating hostility toward judges could end in tragedy.
Here is a list of the anonymous judges quoted by NBC News reporting, which Newsmax could not independently confirm to the unnamed sources:
Lack of Explanation in Emergency Rulings
- Judges said the court often overturns lower court rulings with little or no reasoning, leaving them with no guidance.
- “Judges in the trenches need, and deserve, well-reasoned, bright-line guidance. Too often today, sweeping rulings arrive with breathtaking speed but minimal explanation.”
Undermining Biased Lower Courts
- Several judges said the Supreme Court’s terse orders make it appear as though district judges are incompetent or biased against Trump.
- “It is inexcusable. They don’t have our backs.”
- “The Supreme Court is effectively assisting the Trump administration in undermining the lower courts, leaving district and appeals court judges thrown under the bus.”
Validating Trump
- By failing to explain its rulings, the high court risks seeming to endorse Trump allies’ claims of a “judicial coup.”
- “It’s almost like the Supreme Court is saying it is a ‘judicial coup.'”
Appeals to Sometimes-Trump-Critic Chief Justice Roberts to Do More
- Four judges said Roberts, as head of the judiciary, should be more assertive in defending lower courts against political attacks.
- “He should be doing everything he can internally to insist on ordinary process. Roberts’ end-of-year report was not enough.”
- “I wish he would be a little bit more assertive and aggressive.”
Discouraging Effect on Judges
- Judges described being left in a “vacuum” when their rulings are swiftly overturned without explanation.
- “It’s very discouraging. We are operating in a bit of a vacuum.”
Safety Concerns
- Some judges linked the Supreme Court’s silence to a rise in violent threats, saying justices might not appreciate the risks lower court judges face.
- “If the entire foundation falls out from under your house, it does no good to have a really well-insulated attic. It sure would be nice if someone had our backs.”
Newsmax writer Eric Mack contributed to this report.
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