Supreme Court Warns Defiant Rogue Judges: You’re Not Above the Law
Justice Neil Gorsuch issued a pointed warning criticizing lower courts for repeatedly defying Supreme Court decisions in cases involving the Trump administration.
Gorsuch, writing in an opinion joined by Justice Brett Kavanaugh, said the Court’s decision allowing the administration to move forward with cutting millions in National Institutes of Health (NIH) grants was the “third time in a matter of weeks” that the justices had to overturn a lower court on an issue it had already addressed.
“Lower court judges may sometimes disagree with this Court’s decisions, but they are never free to defy them,” Gorsuch wrote.
The case before the Court involved the Trump administration’s decision to terminate NIH grants tied to diversity, equity and inclusion (DEI) and gender ideology-related programs.
Earlier in April, the Supreme Court had already upheld the administration’s move to end similar DEI-related teacher training grants.
Despite that ruling, a district court in June allowed a lawsuit over NIH grants to proceed.
That court relied on the opinions of dissenting justices and a previously rejected appellate ruling to justify blocking the administration’s termination of the grants.
Gorsuch said that approach violated one of the core promises of the legal system.
“If nothing else, the promise of our legal system that like cases are treated alike means that a lower court ought not invoke the ‘persuasive authority’ of a dissent or a repudiated court of appeals decision to reach a different conclusion on an equivalent record,” he wrote.
The justice stressed that the NIH case was not an isolated example.
He pointed to two other recent disputes where lower courts attempted to sidestep prior Supreme Court rulings on Trump administration policies.
Justice Gorsuch calls out lower courts for ignoring SCOTUS decisions, noting this is the "third time in a matter of weeks" they have had to intervene.
— Katelynn Richardson (@katesrichardson) August 21, 2025
"Lower court judges may sometimes disagree with this
Court’s decisions, but they are never free to defy them," Gorsuch writes. https://t.co/gjQzBAZszY pic.twitter.com/NkR1112JAA
In July, the Court issued a 7-2 ruling blocking a district court judge who tried to prevent the administration from resuming third-country deportations.
Even Justice Elena Kagan, who had dissented in the original case, sided with the conservative majority to enforce the Court’s earlier decision.
“I do not see how a district court can compel compliance with an order that this Court has stayed,” Kagan wrote at the time.
BREAKING: Supreme Court shoots down a district court judge's bid to circumvent an order allowing the Trump administration to resume third-country deportations.
— Katelynn Richardson (@katesrichardson) July 3, 2025
"I do not see how a district court can compel compliance with an order that this Court has stayed," Justice Kagan said. pic.twitter.com/4PsJw1CZ3w
The same month, the justices struck down another lower court ruling that had blocked President Donald Trump’s removal of three Democratic members of the Consumer Product Safety Commission (CPSC).
The Supreme Court had already upheld the president’s authority to remove agency officials in a similar case decided in May.
In its order regarding the CPSC case, the Court reiterated that emergency docket decisions are “not conclusive as to the merits” but must guide how lower courts handle similar disputes.
Gorsuch wrote that the repeated need for the justices to intervene underscored a fundamental rule of the judiciary.
“All these interventions should have been unnecessary, but together they underscore a basic tenet of our judicial system: Whatever their own views, judges are duty-bound to respect ‘the hierarchy of the federal court system created by the Constitution and Congress,’” he said.
The string of cases highlights ongoing friction between the Trump administration’s efforts to advance its policies and the willingness of some lower courts to block those moves, even after the Supreme Court has ruled.
Gorsuch’s opinion served as a warning that the justices will continue to enforce their authority if lower courts attempt to disregard binding precedent.



