September 5, 2025


Federal Judges Criticize Supreme Court for Lack of Transparency and Support

In an unprecedented critique of the U.S. Supreme Court, several federal judges have voiced serious concerns over the handling of the so-called shadow docket, a term used to describe the Court's emergency decisions which often lack comprehensive written opinions. This shadow docket has been increasingly utilized to overturn lower court decisions in favor of the Trump administration, without clear explanations, leaving the lower courts without guidance.

The dissatisfaction among the lower judiciary was highlighted in a series of anonymous interviews with NBC News, where judges expressed frustration over the Supreme Court's terse rulings. These decisions not only leave them with little direction but also seem to undermine their credibility and hard work. One federal judge lamented the lack of support from the Supreme Court, stating, "They don’t have our backs."

This sentiment is intensifying as threats against federal judges have escalated, particularly those who have ruled against the Trump administration. The lack of clarity and justification in the Supreme Court’s decisions is perceived as an open endorsement of the administration's criticism of the judiciary, thereby heightening the dangers faced by these judges. Additional security measures have had to be implemented for some judges due to increased threats, including unsettling incidents like unsolicited pizza deliveries to their homes.

Moreover, the judges argue that the Supreme Court's approach not only affects their safety and the integrity of their rulings but also impacts public understanding of judicial processes. A judge highlighted the importance of the Supreme Court providing explanations that the public can comprehend, to avoid sending misleading signals about the judiciary's stance and decisions.

The issue caught the attention of Alicia Bannon, Director of the Kohlberg Center on the U.S. Supreme Court at the Brennan Center for Justice at NYU Law, who pointed out the growing disconnect between the lower courts and the Supreme Court. She emphasized that federal judges are on the front lines dealing with fast-moving cases and novel legal issues under significant public scrutiny and threat.

This scenario paints a troubling picture for the U.S. legal system, where the lack of transparency and accountability at the highest judicial level is causing a rift within the judiciary and potentially compromising the rule of law. The boldness of the lower court judges in speaking out signifies a critical moment of introspection within America's judicial hierarchy.