Gorsuch to Judges: Respect Supreme Court Authority in DEI Grant Dispute

Supreme Court Justice Neil Gorsuch issued a sharp warning to lower court judges this month, telling them they must follow rulings from the nation’s highest court even if they disagree with them. His remarks, joined by Justice Brett Kavanaugh, came after a dispute over federal research grants tied to diversity, equity, and inclusion (DEI) programs.

The Dispute Over Grants

The controversy arose after the Trump administration moved to cancel health research grants that it argued promoted DEI principles. A federal judge initially blocked the cancellations, but Gorsuch argued that the judge had no authority to do so. He pointed to an earlier Supreme Court ruling in April, which said such disputes belong in a different court that handles government contract cases.

According to Gorsuch, the teacher training grants addressed in that April case were “materially identical” to the National Institutes of Health (NIH) research grants now in question. Therefore, he said, the lower court should have followed the precedent.

Read More: Court Backs Southern Education Foundation in DEI Dispute

Divided Supreme Court

But not all justices agreed. Chief Justice John Roberts, along with the court’s three liberal justices, sided with the lower court judge, saying the two grant cases were not the same. Justice Amy Coney Barrett also struck a middle ground, suggesting that part of the dispute could stay with the district judge while the rest should go to the Court of Federal Claims.

This split highlighted how even the justices themselves remain divided on the best way to handle such disputes, leaving lower courts to navigate unclear guidance.

Concerns Over “Emergency Docket”

Legal experts say this case highlights a growing problem. Steve Vladeck, a Georgetown law professor, argued that the Supreme Court often issues brief and vague rulings on its so-called “emergency docket.” He said the justices expect lower courts to interpret these rulings even when “entirely reasonable arguments” exist for treating cases differently.

Justice Ketanji Brown Jackson echoed this concern. In a separate opinion, she criticized her colleagues for relying on what she described as “half a paragraph of reasoning” in the earlier teacher grant case to justify canceling hundreds of millions of dollars in biomedical research funding.

Jackson went further, accusing the court of favoring the government in such disputes. She likened the approach to “Calvinball jurisprudence,” a reference to the comic strip Calvin and Hobbes, where the only rule is that there are no rules. “We seem to have two: that one, and this Administration always wins,” she wrote.

Also Read: DEI in ESG: Diversity, Equity, and Inclusion Meaning and Reporting

Scholars Weigh In

Not all legal scholars agreed with the sharp tone from Gorsuch or Jackson. Richard M. Re, a Harvard Law professor, wrote that both justices may have been too quick to accuse others of acting in bad faith. The fractured outcome itself, he noted, showed that the legal issues were genuinely complex and not easy to resolve.

A Broader Message

Still, Gorsuch’s pointed words sent a clear signal: lower courts must not defy Supreme Court decisions. Even amid disagreements within the high court, his statement underscored the expectation that lower court judges respect the authority of its rulings, whether or not they agree with them.

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Source: USA TODAY