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The Latest Breaking News from J Harvie Wilkinson

Do Federal Judges Believe We Are in the Midst of a "Judicial Crisis"?

Thoughts on the New York Times' Selective Survey of District Court Judges

Reason

Are Opinions Respecting En Banc Denials "Offensive to Our System of Panel Adjudication"?

The judges on the U.S. Court of Appeals for the Sixth Circuit split over whether they should write about the reasons for their splitting over en banc review.

Reason

Judge expresses sympathy for fired federal workers but questions if reinstatement is proper remedy

A federal judge says he sympathizes with thousands of federal employees who were suddenly fired by the Trump administration, but he also voiced skepticism about whether reinstating them to their jobs was a proper remedy and questioned what the courts could ultimately do

The Independent UK

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Chaos is Trump’s calling card. But reality is biting back

In his first 100 days, the president has taken a sledgehammer to institutions and the constitution. We can only guess what’s next

The Guardian - US

Justice Department Memo Claims Alien Enemies Act Allows Warrantless Home Searches and No Judicial Review

The memo says "Alien Enemies" aren't subject "to a judicial review of the removal in any court of the United States."

Reason

Justice Alito Dissents: "Both the Executive and the Judiciary have an obligation to follow the law."

Justice Alito also questions whether the Court even had jurisdiction to act.

Reason

Conservative judge rings the alarm bells

Judge in the Kilmar Abrego Garcia case issues a wake up call for America

Salon

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Judge Wilkinson's Opinion is Worth a Close Look

Judge Wilkinson's plea for mutual respect between the Executive Branch and the Judiciary.

Reason

Ignoring SCOTUS

Plus: A deep dive into the likelihood of China invading Taiwan, a weak dollar, Kasparov sounds constitutional crisis alarms, and more...

Reason

Democratic senator meets with Kilmar Abrego Garcia in El Salvador

Salvadoran president Nayib Bukele says wrongfully deported Maryland dad has the ‘honor of staying in El Salvador’s custody’

The Independent UK

Federal Appeals Court Rejects Trump Administration's Attempt To Block Return of Kilmar Abrego Garcia

"This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear," Judge J. Harvie Wilkinson warned.

Reason

Appeals court warns of mounting ‘crisis’ over Trump’s refusal to ‘facilitate’ Kilmar Abrego Garcia’s return

Reagan-appointed appellate judge slams Trump for trying to ‘stash away residents in foreign prisons’ without due process

The Independent UK

District Court and Fourth Circuit Order Trump Administration to Return Wrongfully Deported Immigrant

Salvadoran immigrant Kilmar Abrego Garcia was illegally deported and incarcerated in a Salvadoran prison. The Trump administration admits the deportation was illegal, but claims they can't be required to return him.

Reason

Can A Federal Court Force The President To Negotiate With A Foreign Leader To Obtain Return of Alien?

Noem v. Garcia comes to the Supreme Court.

Reason

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Reason

Invoking Scalia in the Sovereign District

Acting Deputy Attorney General Emil Bove instructed Danielle Sassoon, the Acting U.S. Attorney for SDNY, to dismiss the indictment against New… The post Invoking Scalia in the Sovereign District appeared first on Reason.com.

Roll Call

Appeals court hears drugmaker’s challenge to abortion restrictions - Roll Call

Oral arguments in the case come after June Supreme Court decision upholding access to abortion medication.

Reason

Yet Again, Someone Trying to Vanish My Post About a Case on One-Sided Pseudonymity

In February, I wrote about a Fourth Circuit decision in Doe v. Sidar, which discusses one-sided pseudonymity. Today, I see that Google received yet one more request that it remove that post from its indexes, and thus vanish it from search results. That's the fourth attempt so far aimed at…

Reason

Again, Someone Trying to Vanish My Post About a Case on One-Sided Pseudonymity

In February, I wrote about a Fourth Circuit decision in Doe v. Sidar, which discusses one-sided pseudonymity. On Wednesday, Google received a request that it remove that post from its indexes—and thus vanish it from search results—on the theory that the post violated the copyright in a blog post, https://europeannewschannels.blogspot.com/2024/01/fourth-circuit-on-one-sided.html:…

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Reason

Someone Trying to Vanish My Post About a Case on One-Sided Pseudonymity

Last month, I wrote about a Fourth Circuit decision in Doe v. Sidar, which discusses one-sided pseudonymity. Last week, Google received two requests that it remove that post from its indexes—and thus vanish it from search results—on the theory that the post violated the copyright in a Tumblr post, https://www.tumblr.com/case49news/745091056157196289/fourth-circuit-on-one-sided-pseudonymity-in-sexual:…

Reason

Fourth Circuit on One-Sided Pseudonymity in Sexual Assault Cases

The decision allows such pseudonymity when the defendant has already been found (by default judgment) to have committed the assault, but Judge Wilkinson's concurrence argues that, absent this unusual factor, one-sided pseudonymity should be frowned on.

Reason

Section 230 Heads to the Supreme Court

The crucial protector of internet speech might have some cracks in its armor.

People

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