ADVERTISEMENT
Historical Precedent and Contemporary Crisis
The current pattern of lower court defiance has historical precedents that illuminate both the seriousness of the situation and potential consequences if the crisis continues. Throughout American history, conflicts between different levels of the federal judiciary have typically been resolved through established hierarchical mechanisms that ensure Supreme Court supremacy.
However, the current situation appears to involve more systematic resistance than typical disagreements about legal interpretation. The pattern of defiance that Gorsuch documented suggests institutional breakdown rather than routine legal disagreement, raising questions about the long-term stability of federal judicial authority.
Continue reading…
ADVERTISEMENT