Is it still called a "benchslap" when the judge directs it at a higher court rather than at a litigant? Whatever you'd call it, Judge Alison Burroughs of the Massachusetts District Court just issued a really good one, directed at the Supremes. Footnote 9 at pp. 27-28 is the most elegant and polite expression of the sentiment "hey, Supreme Court right-wing crazies, go fuck yourselves" that I've ever seen.

https://storage.courtlistener.com/recap/gov.uscourts.mad.283718/gov.uscourts.mad.283718.238.0_2.pdf

#law #benchslap

@jonberger

Oh!

IANAL, but I could still understand a glorious take down.

@PonderStibbons It's basically "ok, you're wagging your judicial finger at us for not following your precedent, but how the @#!@~% are we supposed to follow your @#$#$ precedent if it consists of a bunch of bare rulings with no explanation of your @#$!#@ rationale?" IAAL, and what's more I used to be a court research attorney, those being the people who actually write the stuff that judges sign and take credit for. Based on that experience, I can gleefully imagine the colloquy between Judge Burroughs and the RA who wrote this.