Back in the day, most local newspapers hired reporters who covered the dealings in local courts. Alas, with budget cuts, those positions have gone by the wayside. It is very rare indeed for the national media to care at all what happens in small-town courts. Of course, the single-judge divisions have recently become topics of national concern. And the judge du jour is Matthew Kacsmaryk of the Northern District of Texas. The Washington Post flew an entire team of reporters to Amarillo, and also interviewed nearly two dozen people (present company included). On balance, I thought the profile was fair, and conveyed an accurate image of Judge Kacsmaryk.
However, not everyone holds Judge Kacsmaryk in such high esteem. In Texas legal circles, it is well known that the never-ending stream of commentary about Judge Kacsmaryk has triggered a never-ending stream of death threats—and not just against the judge, but also threats against the judge's staff. Every time Ian Millhiser or Mark Joseph Stern or Ron Wyden invokes Judge Kacsmaryk's name, the switchboard lights up with threats. Perry Bacon of the Washington Post wrote that any threats of violence go with the job. I think we should not forget that someone nearly assassinated Justice Kavanaugh to prevent his vote in Dobbs.
At present, a motion for a preliminary injunction is pending before Judge Kacsmaryk. There is no requirement for a court to hold oral argument. Judges routinely decide motions on the papers. Courts can also submit interrogatories to the parties to resolve any questions. But Judge Kacsmaryk decided to schedule oral argument on the motion. He could have simply set the matter for argument on Zoom. Many judges have now moved almost entirely to Zoom oral argument. I do not think any of these judges can credibly cite COVID as a justification for Zoom arguments. The primary rationale, I suspect, is convenience. Zoom can be easier for the judge, court staff, and the parties. But not all judges favor Zoom hearings. There is much lost when everyone is reduced to a small square. So it seems that Judge Kacsmaryk thought it beneficial to hold the PI hearing in his Amarillo courthouse.
