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Eric W. Profile picture
@EWess92
Mar 5 • 8 tweets • 3 min read • Read on X
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*HUGE* Win for President Trump in the challenge to Chicago's law enforcement surge. This is a stunning rebuke of the district court, explaining that the order is necessary to stop futute courts from following. The district judge is chastened by the appeals judges for overstepping Image
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Equally important is another court has joined in to explain the problems with district court judges entering so-called "putative" class actions. The Seventh Circuit recognizes the problems and orders courts to stop, under the Trump v. CASA decision. Image
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"Recall that the plaintiffs asked the district court for an order voluntarily dismissing the case with prejudice pursuant to Rules 23(e) and 41(a). That ruling would bind the whole class, which is why the district court held a hearing and had
the parties notify the class...
...as Rule 23 requires. No class members or lead plaintiffs objected to dismissing this case with prejudice. Nor did anyone request an opt-out." Huge recognition of this problem in putative class actions.
Judge Easterbrook dissents. He would merely dismiss the appeal. But even he acknowledges serious concern with the district court's behavior here. Image
Read the full opinion here: media.ca7.uscourts.gov/cgi-bin/Opinio…
Huge win for @TheJusticeDept and Federal Programs specifically that had to manage what the Seventh Circuit has recognized as an unreasonable court that failed to follow the federal rules.
@TheJusticeDept Scholar Elias Neibert weighs in:

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More from @EWess92

Eric W. Profile picture
Mar 5
*BIG* Immigration win for President Trump. Ninth Circuit holds that President Trump's executive order regarding refugees is lawful. Judge Bybee writes that it is and vacates most of the preliminary injunction. One year in, President Trump is able to run the executive branch Image
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How big is this win? "We recognize the enormous practical implications of this decision. There are over one hundred thousand vetted and conditionally approved refugees...But such a result is one potential consequence of Congress’s sweeping grant of power to the President...” Image
Read the full opinion here. I plan on separately covering the *extremely important* Judge Lee dissent in part: cdn.ca9.uscourts.gov/datastore/opin…
Read 5 tweets
Eric W. Profile picture
Mar 4
Can Seattle ban apps like @Uber and @Instacart from deactivating gig workers' accounts? Judge Clifton says yes, the ordinance is neither unconstitutionally vague nor violates the First Amendment. Judge Bennett dissents and would instead remand on commercial speech Image
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Judge Bennett is concerned that the district court erred in failing to consider the First Amendment/commercial speech issue at the outset. And that initial failure, Judge Bennett dissents, infected the rest of the analysis. He would ask the district court to reassess. Image
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Interestingly, the majority opinion confines most of its countering to the dissent to a couple (extremely long) footnotes.

I wouldn't be shocked if this got some Supreme Court attention. Image
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Read 4 tweets
Eric W. Profile picture
Feb 28
🔥🔥"First, Judge Jones’s important dissent details the troubling series of actions by the district court. I join her call to arms on the need for appellate courts to police insubordination in the district courts." Judge Ho dissental calling out district court shenanigans Image
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"I...forcefully rebuke the district court’s gamesmanship that avoided the requirements of federal law. For two years, the state of Louisiana has been held hostage to serial...injunctive decrees, but it has been unable to obtain appellate review." Judge Jones, dissental Image
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The liberal judges concur in the denial of rehearing--and rebuke the rebukers. Some of the judges sometimes use harsh language. Judge Wilson also respects the denial, on issue preservation grounds. Image
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Read 4 tweets
Eric W. Profile picture
Feb 11
Chief Judge Diaz (4th Circuit, Obama) just issued a judicial misconduct complaint resolving allegations against (allegedly) Judge Griggsby (D. Maryland, Biden). Some of the conduct is eye-popping. Including the threat to never *again* hire a so-called "diversity candidate[]" Image
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According to the specific allegations, the judge "browbeat[]" her clerks and yelled at another clerk for using a bathroom. Apparently *two* clerks resigned. That is almost unheard of. Image
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In fairness, the Chief Judge found some of the complaints were hyperbole. The Chief did not believe the district judge ordered a clerk to eat lunch standing up--nor that she meant to order a clerk to drive 4 hours round trip to move boxes from one office to another. Image
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Read 5 tweets
Eric W. Profile picture
Feb 11
🔥HOT OFF THE PRESSES! Federal Second Circuit Judge Menashi writes: "[T]he government presented credible legal authorities to support its view that the qualifying language of the Citizenship Clause—'subject to the jurisdiction thereof'—reflects... Image
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requirements of parental allegiance and legal domicile in the United States and thereby excludes the children of illegal aliens and temporary visitors from automatic entitlement to citizenship by birth without the need for naturalization." In a symposium in @HarvardJLPP
As scholars and friends of the Court have been writing for months--including an amicus brief filed at the U.S. Supreme Court by @AGIowa and @AGTennessee--the practice of who gets birthright citizenship may not reflect the history.

Read here: supremecourt.gov/DocketPDF/25/2…Image
Read 5 tweets
Eric W. Profile picture
Feb 7
🚨🚨ENORMOUS Immigration win for President Trump. The Fifth Circuit, the first federal court to address President Trump's expedited removal efforts, sides with the administration. Illegal aliens may be detained and removed! Judge Jones, joined by Duncan. Judge Douglas dissents. Image
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Read the full opinion, argued *yesterday* here:

This will help slow down or stop the attempt by immigration lawyers and activists to clog the courts.ca5.uscourts.gov/opinions/pub/2…
It is worth noting that several brave district judges, including Judges Pacold (N.D. Ill.) and Judge Divine (E.D.M.O.) came to this result, while many others did not.
Read 15 tweets

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