Thread by @BurnhamDC

Some more thoughts from me on this decision in CNN, focused on Justice Gorsuch's separate writing. I also want to respond to a point @steve_vladeck makes in the article. 1/

https://twitter.com/BurnhamDC/status/1958653792427418087

Vladeck claims it is unreasonable to expect district judges to follow the Supreme Court's emergency orders because those orders are sometimes issued without supporting analysis or with little supporting analysis. I totally disagree. 2/

Vertical stare decisis--the Supreme Court and the lower courts--is the relationship between boss and subordinate. The Supreme Court has direct authority over the lower courts; those courts must follow its decrees regardless of whether they "understand" the underlying reason. 3/

The current problem is not--as @steve_vladeck suggests--that lower courts are just too baffled by the Supreme Court's emergency orders to know what they are supposed to do. In reality, they are adopting hyper-technical, implausible interpretations in order to evade the Court. 4/

This is much worse than the Executive Branch adopting a narrow interpretation of a district court decree. Again, the lower courts are *not* co-equal to the Supreme Court. They are subordinate. They must follow the *music* of Supreme Court decisions, not just the letter. 5/

The Justices are understandably frustrated that lower courts--which historically *did* follow the music of their decisions--are now engaging in resistance tactics against the Supreme Court itself. This creates more hassle and work for the Court, and it weakens the judiciary. 6/

Those who care about the rule of law and preserving an independent judiciary should want lower court judges to follow the Supreme Court's decrees as scrupulously as possible. Lower court defiance and emulation of Slate columnists will only weaken judicial power. /end

Here's the article: cnn.com/2025/08/25/pol…