"When relief is not dictated by the record and law but merely advocated for personal, political, ideological, policy, or other non-legal reasons, a prosecutor’s concession does not minister justice; it facilitates injustic." The PA Supreme Court bat signals @DaveSunday_ @DaveSunday_ This is pretty crazy: The 5-2 Democrat Court finds Larry Krasner is so quick to falsely concede error in murder cases (to try to free convicted murderers) that it has tasked the Pennsylvania Attorney General with checking to make sure he's not lying. I've *never* seen this

A woman w/ a condition that makes getting vaccines extremely risky. She had a permanent exemption from the MMR vaccine from her employer. In 2021, she worked 100% remotely, and requested a COVID-19 vaccine exemption. Denied without reason. Highly respected Judge Erickson reverses "While CentraCare contends its policy is justified based on its goal of protecting the community at large, its social policy and humanitarian endeavors cannot form a basis to avoid ADA liability." There is no social justice exemption to federal laws. This all makes much sense.

Talk about a headline. "Sex, Lies and Secrets: A Federal Judge's Trysts Go Public". The @nytimes digs into the Judge Ross affair in the Northern District of Georgia. Let's take a look. The Times certainly knows how to write a lede! Apparently this tryst was ongoing for years? Three law clerks every year would know about the "jazz" and other noises coming from behind closed doors. Yikes.

🔥Hot off the presses: @TheJusticeDept issued an opinion today explaining that disparate-impact liability under federal employment law is *unconstitutional*. This is an earthquake in federal civil rights law. If right, this is the foundation to overturn that pernicious regime. The Supreme Court recently explained that we have a "colorblind Constitution." This opinion explains what is needed. First, business necessity is a *low bar* to defend against disparate impact. Second, causality is a *high bar* for plaintiffs. But the third requirement is👀

Today, a court in Boston held President Trump's $100k fee for H-1B visas is illegal. But in December, a federal judge in D.C. declined to stop the same program. Both suits were brought by activists (one, a California-led coalition, the other, Chamber of Commerce). What gives?
These decisions help illustrate how, while we may be almost 18 months into President Trump's second term, so many of his policies have been stymied in the courts. Similar claims but different conclusions are just the most recent example of the novel scrutiny to executive action

"Because this Court has elevated unadulterated textualism over common sense
and longstanding principles of the criminal law, and [] we are now treading on dangerous constitutional waters." Judge Tjoflat, dissenting. Fascinating split with liberal Judges Abudu and Rosenbaum.
A pair of drug dealers ran an operation out of their home. Other dealers would sell drugs for them. One had a propensity to OD. She obtained drugs and died. Can the home-owner/chief drug dealer be prosecuted for dealing drugs and death resulting? Yes, per Judge Abudu.

A Haitian man got a green card in 2002, and committed a Florida aggravated assault with a gun in 2021. After serving his time, he was deleted to Haiti. He challenges his deportation, claiming the assault was not a crime of violence. Judge Branch rejects his claim. Looks right! A question for another day: The appeal was late. But can it be subject to equitable rolling? The Eleventh Circuit demurred, because the petition fails on the merits. Also fascinating within: a discussion on retroactivity, the Florida Supreme Court, and crimes of violence

Ho boy. Florida AG @JamesUthmeierFL sued the American Academy of Pediatrics in Florida for deceptive practices--endorsing experimental sex change surgeries on children without basis. AAP then sued the AG in . . . Chicago federal court to stop his enforcement. The Court granted! This out-of-state anti-suit injunction violates several vital principles of jurisprudence: personal jurisdiction, venue, Younger abstention, and anti-suit injunction principles. Yet the Court granted anyway. There are several independent bases for Seventh Circuit reversal.

Always interested in @UChicagoLaw programming. Sad that in a Supreme Court term that is so focused on executive power and @TheJusticeDept that the school couldn't find anyone that agrees with the administration to participate. Heck, I would have volunteered for diversity sake! @UChicagoLaw @TheJusticeDept First up is Professor Strauss. He gave a very one-sided and misleading account of the transgender sports cases. Straight out of NPR. Then pooh-poohed the 8-1 Chiles v. Salazar decision. And ended with Geofence warrants. (Funny, Iowa led amici on 2/3 of those on the other side)

Can judges submit briefs to courts is a very different question than whether they should. Muddying the two, @nytimes builds off the @NRO piece by @mike_frags to cover the very odd 35 Retired Judges' Brief in the Trump v. IRS case. Let's dig in -- A Yale Law Professor litigating against the federal government enforcing immigration laws explains that "It's about ICE versus the courts. The federal judges are infuriated." I was taken aback with the frankness. A judge infuriated by a policy should probably recuse!

Huge win for fair maps: Alabama can use its new maps in the election. The Supreme Court weighs in and agrees that it can use the map that no longer uses race. And it reverses the district court, finding it's efforts were invalid. (Obviously correct.) The saga ends!
Read the opinion here: supremecourt.gov/opinions/25pdf…

35 retired federal judges, using their titles as former judges, filed a nonparty motion to reopen the settled Trump v. IRS case. They are represented by partisan Democrats and are led by Michael Luttig and Nancy Gertner. I've seen filings like this, but usually by pro se types
What is the basis for this intervention? It's an important case and they'd like to intervene. Also one Eleventh Circuit case and one Sixth Circuit case applying an earlier version of Rule 60 allowed a nonparty motion. I am really quite skeptical of this.

A naturalized American citizen was inspired to join ISIS, where he committed attacks that killed 100,000 people. He eventually left ISIS and returned to the US. Convicted of terror charges, his recommended term was 30-50 years. He got 10. Not enough, per Judge Thapar. 100% right! These facts are wild. "During his naturalization ceremony, Ramic refused to recite the oath of allegiance to the United States. Instead, he proclaimed an Islamic oath and cursed all nonbelievers." He tried to go to Yemen. Was caught. FBI told him to stop. He did not.

The @ABAesq agrees with President Trump: DEI is as good as DEAD. Illegal race discrimination should play no role in race discrimination. Hopefully, the ABA will repudiate its position about a fake constitutional amendment embraced by President Biden too. Glad to see (not enough)! Read the full article here: news.bloomberglaw.com/business-and-p…

Can a court clerk undermine the highest profile murder conviction South Carolina has recently seen? Yes. Richard Murdaugh's conviction for murdering his wife and son reversed in a twist right out of true crime. A new trial ordered due to interference by the clerk of court.
Read the opinion here: sccourts.org/media/opinions…

" Elections have consequences...In this case, two former candidates for Kentucky judicial office argue that the state violated the First Amendment when it threatened to sanction them for their campaign speech during a 2022 election. They’re right." So Judge Thapar begins. This dispute questions what limitations Kentucky can impose on the speech of judicial candidates. The candidates wanted to self ID as "conservative" "Republican" and tout their endorsements. They can. The commission didn't raise sovereign immunity. And this is all as applied.

Twin wins for @AGCHanaway & @CitizenCapozzi defending Missouri's new fair maps. First, plaintiffs argued that the new maps should not go into effect due to a pending referendum. Second argued the map is unconstitutional. Both challenges fail. Important wins for election integrity
Read the first opinion here: courts.mo.gov/file.jsp?id=23…

Read the second opinion here: courts.mo.gov/file.jsp?id=23…

Huge win for Democracy and the Virginia Constitution. The Virginia-mander has been found to be illegal for several reasons. Glad to see the Virginia Supreme Court stick to following Rule of Law. Read the opinion here: more to come in a threadvacourts.gov/static/opinion…

After threatening the mother of his baby and firing a gun in a park, a man led police on a 30 minute chase that included helicopters and SWAT. He was shot while dangling a baby in an alley. Qualified immunity: no money to the wild man.
The majority declines to reach whether there was a Fourth Amendment violation at all. Instead, it determines that no violation was clearly established. No other case clearly established that the shot was improper. Qualified immunity granted.

Can President Trump detain illegal immigrants without bond that are already in the country? The Fifth and Eighth Circuits say yes. The Second Circuit says no. The Seventh Circuit split 1-1-1. Today, the Eleventh Circuit joins the Second. Judge Lagoa dissents; Judge Marcus writes.
Read the full decision here: media.ca11.uscourts.gov/opinions/pub/f…

Professor Vladeck does not like today's decision finding President Biden's half-baked rules to allow dispensing abortion pills by mail was illegal. Let's take a look, as he's a thought leader on the legal left. First, he's upset that it will require in-person doctor visits
Next, he takes issue with the claims of danger. (Not rebutting any of the data actually in the opinion.) He objects to sovereign harms for standing. (But does not rebut the longstanding existence of same.) And he doesn't at all engage with the question of financial harm. Oh well!