This month, the U.S. Judicial Conference issued new ethics guidelines, a publication that rarely attracts attention beyond a small circle of legal nerds. These guidelines, however, are not just the usual tweaks on rules governing free meals or travel. They include a new policy that could materially alter the character of the American courts, allowing judges to engage in commentary to rebut what they deem “illegitimate forms of criticism and attacks.” It is not just injudicious, it is dangerous. Continue reading “Rules of Engagement: The Last Temptation of the Least Dangerous Branch”
Category: Courts
In August, some of us expressed doubts over the ruling of San Francisco-based U.S. District Judge Trina Thompson enjoining an effort to end Temporary Protective Status (TPS) for migrants from different countries, citing sufficient racial animus. Now, a unanimous panel just stayed that order in a major win for the Trump Administration, which will now be allowed to revoke deportation protections for citizens from Nicaragua, Nepal, and Honduras. Continue reading “Ninth Circuit Lifts Injunction on the Trump Administration Over Ending Temporary Protective Status for Immigrants”
California Gov. Gavin Newsom has become increasingly Orwellian in his declarations of success. Last week, Newsom was proclaiming the great success of his high-speed train to nowhere – a project delayed by decades, reduced to a fraction of the original plan, and set to cost tens of billions over budget.
This week, he is proclaiming victory after a court struck down his signature law requiring federal agents to unmask. The preliminary injunction issued Monday by Senior status Judge Christine Snyder against California’s No Secret Police Act was a victory for the Trump Administration. However, it should still appeal Judge Snyder’s flawed decision. In other words, the Administration won for the wrong reason. Continue reading “The Trump Administration Just Won the Mask Decision . . . Now it Should Appeal”
In a significant victory for the Trump Administration, a panel of the United States Court of Appeals for the Eighth Circuit lifted the injunction of U.S. District Judge Katherin Menendez, who prevented officers from arresting, detaining, pepper-spraying or retaliating against protesters in Minneapolis without probable cause.
Continue reading “Trump Administration Wins Appeal of ICE Injunction in Minnesota”
Below is my column in The Hill on a pesky problem facing California Democrats: their recent gerrymandering effort may have a racial discrimination problem. According to Ninth Circuit judge Kenneth Lee, the problem is District 13 and the public comments of the primary mapmaker, who declared his intention to create a Latino-dominated district.
Here is the column: Continue reading “Newsom’s Gerrymander Just Might have a Racial Discrimination Problem”
The early reviews of Rage and the Republic are in! In a few days, books (including an audiobook) will be shipped out and on the shelves of bookstores by February 3. Simon & Schuster is releasing the book to coincide with the 250th anniversary of the Declaration of Independence.
Woody Allen famously said, “80% of success in life is just showing up.” When it comes to Bill and Hillary Clinton and possible congressional contempt, it may be 100%. The two politicians have decided to defy lawful subpoenas issued by the House. For the House Oversight Committee, now is also the time for contempt proceedings. Continue reading ““Now is That Time”: Clintons Defy Congressional Subpeona and Trigger Contempt Proceedings”
Yesterday, Minnesota Attorney General Keith Ellison, on behalf of the state and alongside the cities of Minneapolis and Saint Paul, filed a federal lawsuit that is most notable in the absence of any intelligible legal principle. The effort to stop the surge of federal personnel to investigate fraud and enforce immigration is breathtakingly frivolous and farcical. Continue reading “Minnesota Files Meritless Lawsuit to Stop Increase in Fraud Investigation and Immigration Enforcement”
We have been discussing the efforts of school officials around the country to block information for parents on their children changing their gender in public schools, including a recent victory for parents in Michigan. I have long been a critic of such attacks on parental rights in our schools. Now, parents have another major victory in California from District Court Judge Roger Benitez, who offered a resounding ruling in support of the inherent rights of all parents. However, public school boards, administrators, and teachers’ unions are continuing the fight to bar parents from knowing about gender changes in their children. Nevertheless, it is a great way to end this year for everyone who values family and parental rights.
Continue reading “Parents Win Major Victory in California Public Schools in Gender Change Case”
Below is my column in The Hill on how Democrats in some blue states are moving from censoring speech to compelling speech in renewed attacks on free speech. They are facing resistance in the courts despite determined efforts to force others to mouth approved viewpoints.
Here is the column:
Continue reading “Democratic Despotism: The American Left Moves from Censored to Compelled Speech”
“What’s in a name? That which we call a rose By any other name would smell as sweet.” That question posed by Juliet in Shakespeare’s Romeo and Juliet seems to now occupy much of Washington. Last night at a Christmas party with many media from Washington, the question was put to me more succinctly and repeatedly as “can they do that?” The “that” was the renaming of the Kennedy Center as the Trump-Kennedy Center. Soon courts may have to face this quintessentially Shakespearean question “for never was a story of more woe.” Continue reading ““What’s in a Name?” Courts Could Face a Truly Shakespearean Question Over the “Trump-Kennedy Center””
A jury in Milwaukee this week proved that it takes more than a robe to act like a judge. On Thursday, Judge Hannah Dugan was found guilty of the most serious count brought against her in a case that captivated many in the nation. Dugan famously told a fellow judge to wear her robe in the hallway to confront federal officers seeking to arrest a suspect.
Continue reading “Milwaukee Judge Hannah Dugan Found Guilty of Obstruction”
The trial of Milwaukee County Judge Hannah Dugan began this week. Yesterday, the defense was delivered a blow from the testimony of the judge, who Dugan enlisted to confront ICE officers seeking to arrest an illegal alien in the courthouse. Judge Kristela Cervera testified that she was pulled into the dispute by Dugan, who she said admitted that she was trying to help Eduardo Flores-Ruiz as he evaded officers. Continue reading “Fellow Judge Delivers Blow to the Defense of Hannah Dugan”
District Court Judge Indira Talwani in Boston has been one of the most active judges in the country in seeking to enjoin the orders of President Donald Trump, including her orders to prevent deportations under previously “paroled” immigrants under the Biden Administration. She previously sought to enjoin the denial of federal funds to Planned Parenthood, an order that the United States Court of Appeals lifted for the First Circuit pending appeal. Now, Judge Talwani is back with a new basis for forcing payments to Planned Parenthood despite Congress barring Medicaid funds under the Big Beautiful Bill.
Continue reading “Boston Judge (Again) Intervenes to Force Payments to Planned Parenthood”
Below is my column in The Hill on two controversies involving Chief Judge James Boasberg this week in Washington, D.C. Both involve claims that branches undermined or intruded on the authority of another branch. However, these separation-of-powers conflicts produced strikingly different responses from Judge Boasberg. It seemed that the court’s concerns depended greatly on whose ox was being gored in a tripartite contest.
Here is the column: Continue reading “The Selective Outrage of Judge James Boasberg”