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”
Category: Courts
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”
There is an interesting ruling by the United States Court of Appeals for the Eleventh Circuit on the COVID-19 closures in April 2020. The panel found that the closures of private beaches in Walton County, Florida, constituted a taking under the Fifth Amendment. Continue reading “The Eleventh Circuit Finds that COVID Beach Closures Constituted Unconstitutional Taking”
There is a major ruling out of the United States Court of Appeals for the Sixth Circuit on both free speech and student rights. The court, sitting en banc, ruled 10-7 that “the mere use of biological pronouns does not entail ‘aggressive, disruptive action.'” In the lengthy opinion, the court split along political lines with every Republican appointee voting with the student challengers and every Democratic appointee voting with the school district. Continue reading “Sixth Circuit Issues Major Ruling Striking Down District’s Pronoun Policy”
The United States Court of Appeals for the Second Circuit just delivered a significant victory for President Donald Trump and his team by vacating the decision of U.S. District Court Judge Alvin Hellerstein, an Obama appointee, and ordering him to reconsider the motion to remove the case from New York to federal court. Hellerstein, now 91, twice rejected the claim, but, according to the Second Circuit, ignored major issues favoring removal. Continue reading “Second Circuit Remands Federal Hush Money Case in Stunning Ruling for President Trump”
This week, Rep. Brandon Gill, R-Texas, formally introduced impeachment articles against U.S. District Chief Judge James Boasberg. It was a popular move with many after a series of controversial orders by Judge Boasberg. I have been highly critical of those orders, particularly the prior orders granting Special Counsel Jack Smith’s demand for the telephone records of Republican members of Congress in the “Arctic Frost” probe. However, I disagree that his order meets the standard for impeachment under the Constitution. Continue reading “No, The House Should Not Impeach Judge Boasberg”
Yesterday, the Supreme Court held the long-awaited argument in Louisiana v. Callais, considering an appeal of Louisiana’s congressional map. The two majority-black districts are being challenged under the 15th Amendment and the Equal Protection Clause of the 14th Amendment as unconstitutionally gerrymandered on the basis of race. The case could result in a rejection of race-based congressional districting under Section 2 of the Voting Rights Act. Continue reading ““Race-Based Remedies Should Have an End Point”: Justices Appear Poised to Issue Historic Ruling on the Voting Rights Act”
U.S. District Judge David Nye just rejected a last-minute effort to scuttle a Supreme Court case on transgender athletes. The Little v. Hecox lawsuit was initially filed by Lindsay Hecox in 2020, challenging a state law barring the biologically male athlete from joining the women’s cross-country team at Boise State. After winning before the United States Court of Appeals for the Ninth Circuit, the U.S. Supreme Court granted review. Hecox clearly did not like the prospects on appeal and sought to withdraw the case after the granting of certiorari. Judge Nye just denied that effort. Continue reading “Federal Judge Blocks Effort of Transgender Athlete to Dismiss Case Before the Supreme Court”
James Comey made history this week by standing in the dock and entering a not guilty plea as the first FBI Director ever indicted in the history of the country. Comey hopes to be spared the added ignoble distinction of a trial scheduled for 2026. He and his counsel, Patrick Fitzgerald, are reportedly going to seek a dismissal under three primary challenges: vindictive prosecution, selective prosecution, and challenging the status of the acting U.S. Attorney, Lindsey Halligan. I wanted to briefly address these claims, including the one that has the most credibility. Continue reading “Hail Mary Play: Comey Reportedly Will Raise Three Challenges to Block his Prosecution”
Judge William Young has had a distinguished career since his appointment by President Ronald Reagan in 1985, including serving as Chief Judge of the United States District Court for the District of Massachusetts. At 85, his career includes notable cases such as the Boston Strangler and the Shoe Bomber. However, his 161-page opinion declaring the Trump Administration in violation of the First Amendment over visa denials is nothing short of bizarre. It starts as a type of letter to an anonymous person who sent the judge a postcard.
Continue reading “The Bizarre Postcard Opinion Striking Down the Trump Visa Policies”
There is a major ruling, Mead v. Rockford Public School Dist., a potentially precedent-setting case on parental rights in our public schools. Judge Paul Maloney (W.D. Mich.) ruled that Plaintiffs Dan and Jennifer Mead could move forward with their claims that the Rockford Public School district concealed changes to the gender identification of their biological daughter, identified as G.M. As I have previously written, parental rights are shaping up as a major battleground for the Supreme Court after years of decisions in the lower court undermining parental controls and disclosures. Continue reading “Federal Judge Rules for Parents in Case Involving Concealment of Child’s Gender Changes”
We have previously discussed the lack of a credible defense for Milwaukee County Judge Hannah Dugan, who has been charged with facilitating the escape of an undocumented man being sought by federal officers in her courthouse. Indeed, despite having high-powered lawyers such as Paul Clement, her recent social media posts seem more like a pitch for jury nullification. One bright spot for Dugan was that she was assigned to U.S. District Judge Lynn Adelman, a liberal Democrat who has run for prior office and has been accused of bias on the bench. However, Judge Adelman just delivered a blow to the defense by rejecting Dugan’s claim that she had judicial immunity in taking her actions.
Below is my column in The Hill on the chilling jurisprudence of Justice Ketanji Brown Jackson. Jackson’s description of opinions as an opportunity for commentary on contemporary issues is a radical departure from long-standing traditions on the Court. While justices have occasionally strayed into extraneous issues, Jackson appears to view her position as giving her a license to vent, including questioning the principles and integrity of her colleagues.
Here is the column:
Continue reading “The Judicial Calvinball of Justice Ketanji Brown Jackson”
Below is my column in the New York Post on the appellate court decision to toss the entirety of the fine imposed against President Donald Trump in the civil action brought by New York Attorney General Letitia James.
Here is the column:
Continue reading “The One That Got Away: Letitia James and the Perils of Trophy Fishing”