Federal judges have expressed frustration repeatedly over the past year with having to read the tea leaves of the Supreme Court's unexplained emergency docket decisions.
Last night, a South Carolina district judge had the rare chance to take his vexation directly to a justice.
Jordan Fischer
Judge Richard Gergel asked Justice Ketanji Brown Jackson tonight whether lower courts are supposed to follow SCOTUS' often unreasoned emergency docket decisions over decades-old precedent.
That's a "legitimate question," Jackson said. news.bloomberglaw.com/us-law-week/...
news.bloomberglaw.com
A federal judge pressed Justice Ketanji Brown Jackson on how lower courts are supposed to interpret the Supreme Court’s increasingly common and often unexplained emergency orders.