Dear John,
Thousands have already joined LDAD in expressing their gratitude to the federal judges defending our constitutional system under extraordinary pressure and personal risk. We invite thousands more to show support by signing this form to honor their courage and reinforce the importance of an independent judiciary in protecting justice and the rule of law.
The nation is witnessing a significant escalation in hostile rhetoric directed toward the federal judiciary from leaders in the Justice Department and the White House. Judges are repeatedly criticized and the validity of their rulings are questioned. In a recent speech, the Deputy Attorney General even urged lawyers to join what he called a “war” against federal courts he labeled as activist.
Moreover, the Supreme Court has increasingly relied on its Shadow Docket to issue decisions without full briefing or oral argument. In numerous cases, the Court has overturned lower court rulings, including comprehensive findings of fact and law, through summary orders. Legal scholars and commentators have criticized this trend for bypassing traditional norms of reasoned decision-making and full deliberation.
Justice Kagan’s dissent in last week’s Shadow Docket ruling starkly conveyed a profound frustration with the Court’s reliance on summary orders, highlighting the resulting strain on reasoned decision-making:
“The District Court conducted a nine-day hearing, involving the testimony of nearly two dozen witnesses and the introduction of thousands of exhibits. It sifted through the resulting factual record, spanning some 3,000 pages. It assessed the credibility of each of the witnesses it had seen and heard in the courtroom. And after considering all the evidence, … [t]he court issued a 160-page opinion recounting in detail its factual findings.
Yet this Court reverses that judgment based on its perusal, over a holiday weekend, of a cold paper record. We are a higher court than the District Court, but we are not a better one when it comes to making such a fact-based decision. … Today’s order disrespects the work of a District Court that did everything one could ask to carry out its charge—that put aside every consideration except getting the issue before it right.”
Public trust and confidence are the foundation of an effective and independent federal judiciary. When senior government officials publicly disparage the courts, and when the Supreme Court routinely overturns lower court decisions through its Shadow Docket, the integrity of our judicial system is threatened.
Join LDAD in sending a message of gratitude to the judges who uphold justice under extraordinary pressure and personal risk. Your support reminds them that their courage does not go unnoticed.
Thank you,
Lawyers Defending American Democracy
P.S. We are grateful for your support of our efforts and hope you will consider donating to LDAD’s important work.
