A constitutional crisis is unfolding within the federal judiciary as the Supreme Court faces growing defiance from lower courts. Justice Neil Gorsuch issued a sharp warning after a Massachusetts district court ignored Supreme Court precedent by reinstating NIH grants tied to diversity initiatives, prompting concerns over the erosion of judicial hierarchy. Gorsuch, joined by Justice Kavanaugh, emphasized that lower courts are “never free to defy” the High Court’s rulings—a rebuke aimed at what he described as a troubling pattern of resistance. The justices’ 5-4 decision to uphold the Trump administration’s cuts to DEI-linked grants signals a broader ideological battle over federal funding and executive authority.
This defiance comes amid a string of lower court rulings that have contradicted clear Supreme Court instructions, raising alarms across the judiciary. Justice Amy Coney Barrett noted procedural irregularities that may be enabling such resistance, while the justices warned that strategic forum-shopping and ideological activism in district courts are undermining the rule of law. The situation has sparked bipartisan concern in Congress and deepened ideological divisions within the Court itself. Gorsuch’s warning underscores a deeper threat: if unchecked, lower court defiance could fracture the federal judiciary, disrupt legal consistency, and weaken the constitutional structure that underpins American governance.