What Is The Burden Of Proof In Judicial-Council Factfinding? The 6th Circuit has followed the clear and convincing evidence standard since at least 1993, but the actual rule is silent on this issue. Reason · Feb 5
The Upshot Of The Wynn and Boasberg Complaints: The Code of Conduct Cannot Be Used To Obtain Discovery The federal judiciary will make no inquiries about whether a judge may have violated the Code of Conduct. The whole burden of proof rests entirely on the complainant. Reason · Feb 5
The New York Times's Latest Analysis of Trump Judges The truth may be that the judges actually believe what they are writing. For the left, that truth is too hard to process, so they rely on the "auditioning" charge. Reason · Jan 11
Revisiting A.A.R.P. v. Trump In Light Of United States v. Maduro The United States military is like a Denny's. Reason · Jan 4
Does Judge Boasberg Still Have Jurisdiction To Pursue Criminal Contempt Proceedings? Judge Katsas says no, Judge Rao leaves open the possibility. Reason · Aug 8, 2025
Divided D.C. Circuit Panel Nixes Judge Boasberg's Criminal Contempt Order Against Trump Administration Judge Katsas and Judge Rao disagreed on the reasons, but both agreed that Judge Boasberg overstepped; Judge Pillard dissented. Reason · Aug 8, 2025
"When the Supreme Court Spoke With One Voice" But Was Ignored By Everyone Cooper v. Aaron is not a model the Roberts Court should try to emulate. Reason · Apr 24, 2025
Justice Alito Dissents: "Both the Executive and the Judiciary have an obligation to follow the law." Justice Alito also questions whether the Court even had jurisdiction to act. Reason · Apr 20, 2025
Process Formalism In Texas But Not At SCOTUS Kudos to Judge Ramirez who understands how the rules of civil and appellate procedure operate. Reason · Apr 20, 2025
D.C. Circuit Stays Judge Boasberg's Criminal Contempt Proceedings A panel of the D.C. Circuit is encouraging Judge Boasberg to adopt a more deliberate approach. Reason · Apr 19, 2025
The Major Separation of Powers Problems with J.E.B. v. Trump Judge Boasberg is about to unleash a truly independent counsel on the Trump Administration, and the President himself, subject to none of the strictures that Alexia Morrison faced. Reason · Apr 18, 2025
Kilmar Abrego Garcia: What happens next? NYU law professor Adam B. Cox spoke to Salon about the Trump administration's refusal to correct a mistake Salon · Apr 17, 2025
The Special Counsel Is Dead. Long Live The Special Counsel. Judge Boasberg will likely anoint a special prosecutor to investigate the Trump Administration, bring us back to Muellergate. Reason · Apr 16, 2025
Reason · Apr 11, 2025 Should A Federal District Court Hold Contempt Proceedings While An Emergency Appeal Is Ongoing? Maybe judges should hold off on ordering the executive branch to show cause until the Supreme Court finishes its review.
The Independent UK · Apr 8, 2025 Trump touts Supreme Court deportation ruling as a major victory, but legal fight is far from over The Trump administration is touting a Supreme Court ruling allowing it to resume deportations under the Alien Enemies Act as a major victory, but the immigration fight is far from over
Reason · Apr 8, 2025 Twice, SCOTUS Finds Coastal Courts Improperly Exercised Venue In two consecutive orders, the Court signals that progressive litigants forum shopped to the wrong courts.
Reason · Mar 30, 2025 Coastal Judges Play Keep-Away From The Fifth Circuit The Trump administration detains individuals in Texas and Louisiana, yet federal courts on the Amtrak Corridor continue to exercise jurisdiction.
Reason · Mar 19, 2025 Jack Goldsmith on the "Not Simple" Merits Issue Before Judge Boasberg A useful overview.
Reason · Mar 18, 2025 Chief Justice John Roberts Rightly Condemns Trump's Call to Impeach Judges who Rule Against Him There is no justification for such impeachment efforts.
The Independent UK · Mar 17, 2025 ‘Heckuva stretch’: Skeptical judge questions Trump’s defiance over deportation order Trump administration attorneys stonewall federal judge as he grills them about deportation flights that he ordered not to leave
Reason · Jan 23, 2024 Alleged Panama Papers Leaker Still May Not Sue in Federal Court While Hiding His Name from the Court "Plaintiff is entitled ... to make his own judgment about whether disclosing his identity under seal to the Court would pose an inordinate risk to his personal safety. But he is not entitled ... to special dispensation from the well-established requirements of the law."
Reason · Oct 13, 2023 Alleged Panama Papers Leaker May Not Sue in Federal Court While Hiding His Name from the Court From Doe v. Federal Republic of Germany, decided today by Magistrate Judge Gary Stein (S.D.N.Y.): Plaintiff purports to be the individual who leaked the now-famous trove of offshore financial records known as the "Panama Papers." Using the pseudonym "John Doe" and proceeding pro se, Plaintiff filed this breach of contract…
Reason · Jun 10, 2023 The Anti-Textualist Decision Finding VP Covered by Speech or Debate Clause "The Court declines to be the first in generations to force a literal reading of the Clause's text."
Salon · Mar 29, 2023 Profs: Pence testimony may be explosive Former U.S. attorney predicts Pence's testimony signals "the end of the line"