Why Justice Sotomayor's apology to Justice Kavanaugh makes sense
There are just nine votes on the court, and each time they cast those votes they’re setting the rules that all of us need to live under for now. Sotomayor knows that.
D.C. Circuit Trump appointees again block contempt inquiry into Alien Enemies Act flights
Rao and Walker hold that Boasberg must "terminate" the contempt inquiry. In an 80-page dissent, Childs makes the case — without saying so directly — for en banc review.
They're so much weaker than they want us to think they are
Orbán's out. J.D. Vance's weekend of shame. And a rant from the man at the White House. Also: The ballroom and the D.C. Circuit. And, for paid subscribers: Closing my tabs.
The dangers of the Trump admin targeting journalists' sources, with Heidi Kitrosser
The Espionage Act, Kitrosser warns, could become "just another tool that gives the president huge discretion to go after people that he just doesn’t like ...."
Pentagon "in violation of" court order in case over press restrictions, federal judge rules
After some press pass restrictions were blocked, the Pentagon adopted an "interim policy" with similar restrictions. Also: The latest on the Trump admin's mandatory detention…
Appeals court set to review a key, harsh Trump administration deportation policy this spring
The First Circuit stayed a lower court ruling over third country removals, but also set quick merits review. Also: A mid-week legal round up. And, for paid subscribers: Closing my…
The birthright citizenship arguments will show what Trump has done to the United States
Trump's executive order to end birthright citizenship is at the Supreme Court on Wednesday. The case will test his anti-immigrant authoritarian project — and the court.
Eighth Circuit, on a 2-1 vote, sides with Trump admin's mandatory immigration detention policy
The dissent, from a Trump appointee, highlighted the extreme nature of the Trump admin's policy, which has been rejected by district court judges across the country.
Immigrants ask Fifth Circuit to revisit ruling on “historically unprecedented” mandatory detention policy
A 2-1 panel of the Fifth Circuit sided with the Trump admin — splitting with the vast majority of judges to consider the matter. Now, an attempt to reverse that.
SCOTUS right imagines ways to fight a Mississippi law that allows more people to vote
The right's hypotheticals were a MAGA-infused morning. The decision on whether states can count ballots received after Election Day will likely come down to Roberts and Barrett.
SCOTUS takes up cases over efforts to end protections for immigrants from Syria, Haiti
DHS Sec. Noem's efforts to end temporary protected status designations for those from Syria and Haiti will remain blocked for now — an important win for those challenging Noem.
DOJ Civil Rights Division hire resigned from Alabama firm over Facebook post following George Floyd's murder
Daniel Flickinger was one of the DOJ lawyers who sued Harvard on Friday. As recently as last June, he was still fighting in court over the fallout from the 2020 Facebook post.
Trans West Virginians ask full appeals court to revisit alarming ruling in Medicaid coverage case
"Left to stand, the panel’s reasoning could amount to judicially-endorsed regulation of transgender people’s liberty to be themselves," lawyers for the plaintiffs wrote.
DOJ is barely even a functional law firm at this point. Each day there is more proof.
Jeanine Pirro's effort to subpoena the Fed hit a wall. At the same time, DOJ was also forced to "clarify" arguments made in court about the Pentagon's new press policy.
Pam Bondi is out — and that is a good thing. She was Trump's lawyer, and DOJ paid the price.
Also: Florida will not kill James Duckett this week. And: What's next for conversion therapy bans after Tuesday's SCOTUS decision? Lastly: Law Dork in the media.
We have the Twenty-Fifth Amendment. Now is the time to use it.
It's past time for Trump to be removed from office. This is a global crisis. It's time for J.D. Vance and the Cabinet to invoke the Twenty-Fifth Amendment.
Here's the Law Dork filing you can't access on PACER. All of this refugee case's filings should be online.
A magistrate judge denied Law Dork's request for online access to the docket in a significant refugee rights case in Minnesota. Law Dork's lawyers filed their objection on Tuesday.
Supreme Court likely to reject Trump's effort to end birthright citizenship
As Trump sat on watching, Solicitor General John Sauer faced skeptical questions from almost all of the justices — including all three justices Trump appointed to the high court.
A sharp warning in an ordinary news release: "President Trump’s Justice Department"
Attorney General Pam Bondi has made clear since day one her view that DOJ's lawyers are "his lawyers." On Thursday, DOJ went further, claiming it's "Trump's Justice Department."
Federal judge slows Voice of America return-to-work order; 70 people due back each week
Judge Royce Lamberth issued the order on Friday night, eliminating the Monday morning deadline he had set for the Trump admin to bring all affected employees back to work.
Immigration in the Trump era, with Aaron Reichlin-Melnick
On the birthright citizenship case being heard at the Supreme Court on April 1: "I continue to believe that this is an easy case. The 14th Amendment says what it says."
Alabama was set to kill Sonny Burton on Thursday. Governor Kay Ivey stopped it.
Sonny Burton did not kill anyone, but Alabama put him on death row. Update: Ivey granted Burton clemency on March 10, commuting his death sentence to a life sentence.
Former military lawyers say use of JAG lawyers in Minnesota violates the Posse Comitatus Act
Although recent litigation has focused on troop deployments to American cities, a new challenge in Minnesota looks at DOJ's use of JAG lawyers in non-military cases.
Trump admin effort to claim Kari Lake had power over Voice of America was illegal, judge rules
"The Court declines Lake’s invitation to do such violence to the statutory and constitutional scheme," Judge Lamberth ruled on Saturday. And, for paid subscribers: Closing my tabs.
Supreme Court holds that Colorado's conversion therapy ban "censors" talk therapists
Justice Gorsuch wrote for the 8-1 court that the law is presumptively unconstitutional as to talk therapy. Justice Jackson dissented, writing that the “fallout could be…