Amazing video celebrating America's 250th Birthday produced by the irreplaceable @FedSoc . Truly an amazing time to be alive, blessed with very fine justices
As America turns 250, Justices Gorsuch, Kavanaugh & Barrett on keeping our founding freedoms alive.
Gorsuch: our rights "don't come from government, they come from God."
Barrett: "It is our project."
Watch, via @FedSoc ⬇️
The Department of Homeland Security is accusing a man of abusing our asylum system by falsely claiming protected identity characteristics that he lacks. They publicized the alleged false claims. A judge, while upset, agrees such disclosure is likely lawful. Odd framing here
JUST IN: Judge Cobb rules that @DHSGenCounsel put a man in danger by publicizing his asylum paperwork claiming to be gay — and then mocking him for it. But she denies the man’s emergency motion for one reason: it’s not clear if DHS Secretary Mullin authorized the disclosure.
White House Counsel Will Scharf sends a characteristically measured and thoughtful letter to incoming House Oversight Chair Robert Garcia. Garcia has made several outlandish statements that extend beyond the traditional oversight role. And Scharf explains the problem with that
Federal law limits district court authority over immigration cases in many ways. One way is that it bans injunctions issued by district courts that extend beyond the alien before that judge. Here, a DOJ attorney appears to be sanctioned for (maybe) violating an illegal injunction
Read the letter explaining the basis for the misunderstanding submitted by DOJ, here: storage.courtlistener.com/re…
Read the docket with the sanctions text order, here: courtlistener.com/docket/731…
Very helpful context from former senior DOJ official Abhi Kambli: xitter.twitterapi.xyz/AbhiKambli1984/status/…
Very interesting from former senior DOJ Attorney Abhi Kambli, reflecting on the letter to incoming-Chair Garcia by WHC Scharf. Perhaps if Garcia is concerned with appearance of harassment, he should avoid memes putting him in the position of child-eating Pennywise the Clown
We now see playing out in real time the thesis of my op-eds for the Federalist and Fox News. A lot of attention was paid to comments about investigating the comments from Congressman Garcia. The larger point is highlighted in this letter. The full scope of Congress’ compulsory process has never been tested but as WHC Scharf’s letter makes clear, Congress can only utilize it for legitimate legislative purposes and not harassment. If Democrats keep up their rhetoric, they will force SCOTUS to have to pull back Congress’ institutional power.
Zach West is a superb pick to be a federal judge in Oklahoma. It seems like several Senators are getting lame duck zoomies and making bad decisions about judges. At least this one (hopefully) will resolve when Armstrong steps aside for Senator Hern
NEW: Sen. Armstrong has reversed course to oppose a Trump judicial pick after returning a blue slip.
Armstrong told me tonight he takes issue with Zach West’s nomination to E.D. Ark., which was delayed in the Judiciary Committee earlier today.
news.bloomberglaw.com/us-law…
This is awesome. Glad to see Senator Blackburn supporting Sam Adkisson, soon-to-be judge. Let's get him confirmed!
Today, I introduced Sam Adkisson to the Judiciary Committee as @POTUS’ nominee for the Eastern District of Tennessee. As a Vanderbilt grad and former Supreme Court clerk, Sam will bring Tennessee values to the bench.
Let's get him confirmed.
Very menschy behavior from Judge Rudofsky here. If Justice Hiland is the nominee then I hope he is swiftly confirmed. No time for delay or for messing around. America's superb judiciary is on the clock!
BREAKING: REPUBLICAN Sen. Boozman's refusal to support Lee Rudofsky to the 8th Circuit has tanked his nomination by the Trump admin, a source tells me. Trump will go with the senator's preferred choice, AR Justice Cody Hiland.
Rudofsky has issued a statement:
"I will be forever grateful to President Trump for the honor of his nomination. But under our Constitution—which I believe is the most ingenious document in the history of the world—the President’s nomination must be confirmed by the Senate. And the reality is that, without the support of my home-state Senators, confirmation is simply not a practical possibility in today’s Senate. So I understand completely the President’s decision to withdraw my nomination. Cody Hiland is a solid jurist and a good friend. I look forward to working with him in the federal judiciary.”
Worth a read. Especially as this unconventional* brief is excellently done. Read it here: supremecourt.gov/DocketPDF/2…
*No convents were harmed in the making of this bad pun.
Senators play a constitutionally required advice and consent role in judicial selection--more so yet in home states. But Senator Boozman should be clear eyed. His antics risk a lifetime appointment of a good man and good judge that he supports. Very odd and bad. Hope it resolves
UPDATE: I asked Sen. Boozman directly in the halls today if he is working with Sens. Cornyn and Tillis to try and block Trump’s 8th Circuit nominee over his own preference, AR Supreme Court Justice James Hiland.
“Would that be wrong?” Boozman asked me. I asked him if it was true.
“My conversations with fellow senators are conversations between us.”
Cornyn and Tillis are on the judiciary committee, which carry two vote for sending nominees out of committee.
