"Given this, however, the Court respectfully submits that it is unhelpful and unnecessary to criticize district courts for 'defy[ing]' the Supreme Court when they are working to find the right answer in a rapidly evolving doctrinal landscape, where they must grapple with both existing precedent and interim guidance from the Supreme Court that appears to set that precedent aside without much explanation or consensus."
"the Supreme Court's recent emergency docket rulings regarding grant terminations have not been models of clarity, and have left many issues unresolved."
"Just as President Trump correctly predicted on the day of the hearing, this activist Obama-appointed judge was always going to rule in Harvard's favor, regardless of the facts,"
District courts try to follow Supreme Court rulings, but recent emergency-docket decisions on grant terminations lack clarity and leave many issues unresolved. Courts face the challenge of resolving complex, evolving matters quickly on an emergency basis while balancing existing precedent and interim guidance. Criticism of district courts for allegedly defying higher-court signals is described as unhelpful when judges are attempting to reconcile ambiguous guidance that may override precedent without clear explanation. The government announced an immediate appeal, called the ruling egregious, and maintained that the university lacks a constitutional right to taxpayer funds. The university characterized the decision as affirming First Amendment and procedural protections and validating defenses of academic freedom and research.
Read at Ars Technica
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