Eric W. Profile picture
Conservative, Textualist, Originalist. University of Chicago AB/JD. Mostly bad takes, but politely. Generally Solicitous in Iowa
Jul 25 8 tweets 3 min read
Portland, Ore. & President Obama's DOJ colluded to lock in a permanent consent decree w/ various woke reforms. One part of the deal was mandatory information sharing with DOJ. President Trump moved to enforce. Judge: Denied, the information is sought in bad faith. I'm skeptical! Image
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First, the facts. Obama sued Portland and they settled immediately, agreeing to policies both sides wanted the same day. This reads hilariously given the unjustifiable attempt to issue sanctions or discipline due to lack of adversity in Florida in the anti-Weaponizarioj case Image
Jul 24 7 tweets 2 min read
Unreal. A second judge in the District of Massachusetts has entered an order stopping President Trump from ending *Temporary* Protected Status for Ethiopians. This comes less than one month after the Supreme Court said it could not do that Image Here is a thread on a different district judge in Massachusetts also entering an order pausing TPS for South Sudan. The First Circuit, if asked, should likely consider mandamus and reassignment.
Jul 24 6 tweets 2 min read
U.S. Supreme Court June 25, 2026: District courts lack jurisdiction to review President Trump's decision to end *TEMPORARY* Protected Status. Please stop.

D. of Mass., July 23, 2026: I am ordering the end of *TEMPORARY* Protected Status for South Sudan indefinitely delayed. Image Styling the decision as an administrative stay (instead of a temporary restraining order or a preliminary injunction) should be grounds for mandamus. The First Circuit should not brook this active resistance to the U.S. Supreme Court.
Jul 23 4 tweets 2 min read
Congress passed a law stripping district courts from collateral attacks on deportation proceedings. The Second and Third Circuits interpreted the law to do just that. Now, the Fourth Circuit creates a split, with Judge Wilkinson dissenting. Image
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"In short, the majority rips an irreparable hole in the INA’s jurisdiction-channeling scheme...Each such suit will grind removal proceedings to a halt, invite a district court to take control of them, and require the government to prove the alien’s removability a second time." 🔥 Image
Jul 22 11 tweets 4 min read
AAP filed a frivolous lawsuit in federal court in Chicago, arguing that AG @JamesUthmeierFL's attempt to enforce Florida consumer protection law in Florida state court to protect kids cannot proceed. The full Seventh Circuit took the case to end it. Now they want to dismiss. Image AAP is on the verge of losing a momentous, precedential, en banc decision in the moderate Seventh Circuit. So they are trying to dismiss their case. What's the reason? They claim that they are a "non-profit entity with related budget constraints." Is that plausible? Image
Jul 22 5 tweets 2 min read
Big win for President Trump! Can deportable illegal aliens use the Constitution's Due Process Clause for release? The full Fifth Circuit took the case. And tipping their hand, today they stayed the district court order. Due Process habeas releases should be OVER in the Fifth Image
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Big win too for the originally dissenting Judge Wilson. Read the order here: storage.courtlistener.com/recap/gov.usco…
Jul 21 8 tweets 3 min read
Ho boy. Philadelphia DA Larry Krasner is at it again. This time, his own office supervisors are whistleblowing on the office's ethical issues. (And yes, before you ask, this is another attempt by Krasner to free a convicted murderer. This time, a double murderer.) Let's dive in! Image
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First, it makes sense why the attorneys here might be on edge. Not that long ago, the 5-2 Democrat Pennsylvania Supreme Court told Krasner to stop trying to free murderers. And he ordered the Attorney General to get involved. One attorney was on that case
Jul 20 9 tweets 3 min read
A male student at UWisconsin was accused of sexual assault and was expelled. He was criminally charged for the same conduct and acquitted. He applied for & got readmission. She sued alleging deliberate indifference to her safety. No, per Judge Kirsch for the full court Image
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Chief Judge Brennan concurs. He explains that while the case before the court leaves much open for future litigation, he will provide some analysis to guide lower courts on issues, with a special focus on the spending clause. Image
Jul 20 4 tweets 1 min read
*HUGE* News out of the Eighth Circuit. The highly respected Judge Bobby Shepherd has informed his colleagues that he intends to take senior status on confirmation of his successor. Judge Shepherd was appointed by President George W. Bush. Shepherd's seat is in Arkansas. Very interesting context on timing here:
Jul 18 4 tweets 2 min read
President Trump & Biden's admins included clauses in federal grants that allow the federal government to terminate grants if the grant "no longer effectuates the program goals or agency priorities." Is that allowed? No, explains Judge Talwani. I'm pretty skeptical of this one! Image
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Reminiscent of a classic rejoinder by President Clinton, the answer here apparently is determined by what the meaning of "the" is. Very interesting phenomenon here, where the district judge thinks the more obvious or plainer meaning is one I think is the worse one. Interesting! Image
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Jul 18 4 tweets 2 min read
A convenience store robber so shook a cashier that she left her job to go work as a dish washer. Her net pay decreased due to lower hours. Does the Mandatory Victims Restitution Act authorize restitution for purely psychic harm? No, per Judge Southwick. Sentence in error, vacated Image While not quite a circuit split, the case conflicts with the reasoning of a Seventh Circuit case. (Query whether this is actually a clean split.) The Seventh thought psychic harm *could* qualify, so the restitution in that case was not plain error Image
Jul 17 9 tweets 4 min read
Can New Jersey ban so-called "assault firearms" and "large capacity ammunition magazines"? No, explains the full Third Circuit, in an opinion written by Judge Freeman (Biden). This is a momentous opinion--and like the recent Birthright Citizenship cases extends 192 pages. Image
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(Quick aside, on seeing the opinion line up. This line up includes 9 total opinions, a majority and 8 separate writings.) "Say less." Image
Jul 17 10 tweets 4 min read
The Spirit of Aloha rages against the U.S. Constitution and the U.S. Supreme Court. Mad not only about the result in Wolford v. Lopez, the Court issues an unhinged attack on the legitimacy of the Supreme Court. I haven't ever seen something like this. And it's not good. Image About 72 pages into a decision about certain post-conviction review rights under the Hawaii constitution, the Hawaii Supreme Court shifts its attention to Chief Justice Roberts and the Supreme Court. It starts by accusing the Supremes of "not honoring" the Civil Rights era / 1954 Image
Jul 17 4 tweets 2 min read
Must the Pentagon allow journalists that it does not want to allow into the building? No, explains the DC Circuit. Pentagon Press Policy can go into effect during expedited litigation. Order is joined by Judges Henderson (GHWB) & Millett (Obama). Image
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Judge Garcia (Biden) dissents. He would deny the stay. He believes even neutral treatment of journalists in a manner different from what was offered before may be First Amendment retaliation. Image
Jul 16 6 tweets 2 min read
It's not every day that @WSJ publishes @AGIowa. But I'm glad it did on such a key issue: maintaining neutrality in the judiciary. @ChuckGrassley recommended AG Bird to the Federal Judicial Center's Foundation Board. Activists trying to stack the litigation deck should take heed Image @WSJ @AGIowa @ChuckGrassley What is the FJC? It's a school for judges. And because the FJC has so much influence on how judges get exposed to certain issues and practices, the "FJC wields real power." That's why @LeaderJohnThune wants to ensure accountability in this important role. Image
Jul 13 15 tweets 6 min read
Ho boy. The court in the IRS/anti-weaponization case has issued a 56-page order indicating its extreme dissatisfaction. Relying on the 35-Former Federal Judge amicus, it revokes its settlement. And it refers Acting AG Blanche & Associate AG Woodward for discipline. I'm skeptical! Image
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The Court begins with its view of why there was adversity in the case United States v. Windsor. That is notable because it was an obvious test-case: President Obama admitted DOMA was unconstitutional and refused to dismiss it in Court. Distinguishing here seems tough. Image
Jul 13 4 tweets 2 min read
👀That was fast. @SenatorBanks read Justice Kavanaugh's concurrence in the Birthright Citizenship case closely. The Supreme Court's Wong Kim Ark said 3 categories of people don't get citizenship. One is children of invaders. So he's introducing a law labeling illegals invaders Image
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@SenatorBanks And this builds on President Trump's declaration that the border crisis is an invasion. Intrigued to see where this goes. Read the article by @ccreitzpolitics here: foxnews.com/politics/trump…
Jul 13 5 tweets 2 min read
Pro-life case for @DAGToddBlanche by @josh_hammer. Josh takes a hard look at one of the few serious conservative critiques of Mr. Blanche's record on pro-life issues and explains why his course of action is the prudent one. And a choice not to take the easy way out. Worth a read Image @DAGToddBlanche @josh_hammer "The easy answer for Blanche, if all he cares about is political advancement, is to simply sign the consent decree and then blame the system when it is promptly undone by the courts and used as leverage to gum up the FDA review process... Image
Jul 12 4 tweets 2 min read
Why does Governor Josh Shapiro hate nuns? In a case stemming from his time as Attorney General, Pennsylvania has tried to prosecute the Little Sisters of the Poor (a nunnery) for asserting a religious objection to the contraception mandate. Governor's counsel argued the case Image This is weird! Usually a State's Attorney General represents the State in appellate courts. Presumably here, the difference is due to the Attorney General realizing this quixotic vendetta that the Supreme Court has rejected multiple times is a loser. Image
Jul 10 8 tweets 3 min read
Big win for @FTC today in front of Chief Judge Boasberg in the deceptive claims case against WPATH. "When parties seek an extraordinary remedy, they must make an extraordinary showing." Big win for @AFergusonFTC, @MeadorFTC, and the whole team. Litigation may proceed Image Judge Boasberg agrees with @FTC in that his earlier order was to quash a CID. This separate enforcement proceeding is not that CID. Therefore, his injunction is not being violated. Image
Jul 10 4 tweets 2 min read
Can deportable illegal aliens use the Constitution's Due Process Clause to end run around federal immigration law? A Fifth Circuit panel said yes, over a dissent by Judge Wilson. Now, the full Fifth Circuit has agreed to hear the case. The panel opinion is vacated. Image
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The original panel opinion split on the Due Process clause. 71 total pages between the majority and dissent. Very interesting dispute. Image
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