"The elephant in the room should be noted at the outset. Gender identity is real," U.S. District Judge Robert Hinkle wrote in barring the state from enforcing the bans against the challengers.| www.lawdork.com
Will Baude and Michael Stokes Paulsen hyper-launched an essential discussion, but the question now is whether anything will be done about it. Also: Four other good weekend reads.| www.lawdork.com
The Special Counsel's Office wants Trump's constitutional claims to be resolved as soon as possible so the March 4, 2024, trial date stays on track in the Jan. 6-related federal case.| www.lawdork.com
The Friday order from Judge Susan Illston is in effect for the next two weeks, with further arguments set for May 22. [Update: DOJ is appealing.]| www.lawdork.com
"They've said that they can unilaterally cancel funds, and I certainly think that that's unconstitutional, to say the least."| Law Dork
Trump's efforts to go after U.S. cities — first Los Angeles and D.C., with, it appears, Chicago next — are alarming. A lot happened, as to all three cities, on Tuesday.| Law Dork
The Trump administration tried to illegally send children to Guatemala as troops walked aimlessly around Dupont Circle. And, for paid subscribers: Closing my tabs.| Law Dork
Judge Ronald White did not even consider a brief arguing the court lacked jurisdiction to hear the matter before issuing an order striking down a decades-old Oklahoma law.| Law Dork
What happened? Law Dork digs in.| Law Dork
Justices Gorsuch, Kavanaugh, and Barrett each wrote something in the shadow docket case — disturbing opinions in light of broader attacks on the rule of law.| Law Dork
U.S. District Judge Sparkle Sooknanan's preliminary injunction is good for the rule of law, but only provides limited relief to those targeted by the Trump administration.| Law Dork
Children's Hospital of Philadelphia staff warned of "traumatic" effects if forced to provide patient information to the Trump admin. DOJ called the claims "meritless."| Law Dork
The president, Bonta said, "is probably the most powerful person in the world with their actual given official power ... but he regularly attempts to grasp and seize power that he does not have."| Law Dork
It's a serious story about the U.S. Consumer Product Safety Commission, truly. Also: Tuesday at Law Dork, a discussion with California A.G. Rob Bonta.| www.lawdork.com
The Washington Post and The New York Times editorial boards failed to hold Trump accountable for his attack on D.C. And, for paid subscribers: Closing my tabs.| Law Dork
The new order from A.G. Bondi followed a Friday hearing in response to D.C.'s lawsuit.| Law Dork
The law has been on hold since 2021, but, after June's Supreme Court ruling addressing a similar Tennessee law, the Eighth Circuit upheld Arkansas's law.| Law Dork
It's bad. But there are limits to the steps Trump actually took on Monday — and reasons why he could take these steps — that are worth noting.| Law Dork
She might be the only appellate Republican appointee in D.C. willing to do so regularly these days, but the D.C. Circuit judge has kept it up — for whatever branch needs it.| Law Dork
The 2-1 vote would cut off the contempt proceedings that followed the admin's Alien Enemies Act flights to CECOT. Full review by all 11 D.C. Circuit judges could follow.| Law Dork
A little-noted lawsuit in Oklahoma could block a state law with no actual adversarial litigation. Also: My Thursday reading, as I started catching up from vacation.| Law Dork
The lessons I took from Edinburgh Fringe.| www.lawdork.com
A bright light — and several dark warnings — in Wednesday's 5-4 vote rejecting the Trump admin's request to toss out a district court order requiring USAID payments.| www.lawdork.com
The court was unanimous that challenges could be brought, but the limit — only habeas claims can be brought — raises significant questions and concerns.| www.lawdork.com
Bondi says the independence of the Justice Department is gone. Also: Two federal courts block Trump's effort to end birthright citizenship. Expect appeals.| www.lawdork.com
A similar Kentucky filing is also expected this week. And: The justices are poised to reject "Trump Too Small" T-shirts' trademark protection.| www.lawdork.com
Anti-trans bills banning gender-affirming care for minors have passed one legislative chamber in at least 10 other states, with many other anti-LGBTQ bills moving forward as well.| www.lawdork.com
Lessons throughout time, captured by David Hockney over the past 65 years.| Law Dork
When the rule of law is under attack, there are few things as disturbing as a judicial system led by people who also appear eager to avoid accountability for their acts.| Law Dork
Judge Susan Illston provided a great example on Friday of how to deal with the current Supreme Court in an order that the Trump admin turn over its mass-firing plans.| www.lawdork.com
The question now is what courts will do to hold the administration accountable for its lawless actions regarding the Alien Enemies Act and other immigration moves.| www.lawdork.com
"[T]his Court sees fit to step in now and release the President’s wrecking ball at the outset of this litigation," Justice Jackson wrote in dissent.| www.lawdork.com
Sotomayor, joined by Jackson, dissented, calling their colleagues' actions in the case "indefensible." It was one of several alarming signs for the nation on the Third of July.| www.lawdork.com
After anti-trans orders defining "sex" and seeking to ban trans people from the military, Trump's latest discriminatory order attacks gender-affirming medical care.| www.lawdork.com
Has the "conservative institutionalist" gone full MAGA? He won't say, but his votes suggest he's at least willing to let the Supreme Court flirt with going there.| www.lawdork.com
Justice Barrett wrote the 6-3 decision that created more complications than it provided answers. Stark dissents questioned the ruling's effect on the rule of law.| www.lawdork.com
Deputy Attorney General Todd Blanche attacked the claims as "falsehoods," but many of the fired longtime DOJ lawyer's allegations are already backed up by public facts.| www.lawdork.com
Justice Sotomayor called the order a "gross ... abuse" of the court's authority. Also: Law Dork in the media.| www.lawdork.com
Appeals court would revert to pre-2016 limits on mifepristone, but, under April's SCOTUS order, nothing changes about limits on the drug for now.| www.lawdork.com
The justices also denied review in the underlying challenge to the FDA's 2000 approval of mifepristone — meaning the drug will remain available going forward.| www.lawdork.com
Trump's National Guard activation remains in effect. Also: The Supreme Court's conservatives keep pushing the law to the right. And: A Law Dork birthday!| www.lawdork.com
The 6-3 decision from Chief Justice John Roberts, issued along partisan lines, will serve to empower those seeking to discriminate against transgender people.| www.lawdork.com
Unanimity can — and often does — hide conflict. Also: What's left from SCOTUS? And, for paid subscribers: Closing my tabs.| www.lawdork.com
UPDATE: Judge Charles Breyer issued the ruling in a case brought by California officials, but the Ninth Circuit issued an "administrative stay" Thursday night.| www.lawdork.com
Decisions this month will affect all of us. Here are the key cases. Also: DHS can facilitate a person's return, it turns out. And, for paid subscribers: Closing my tabs.| www.lawdork.com
Friday's order allows DHS to cancel immigration parole for about 500,000 Cubans, Haitians, Nicaraguans, and Venezuelans. Also: SCOTUS backs agency deference.| www.lawdork.com
This is a line that cannot be crossed. Also: Monday was a holiday, but the Trump administration has already racked up a lot of losses in court this week.| www.lawdork.com
Despite State Department warnings, and in the face of a court order that sufficient process be given, lawyers allege a quick effort to deport people to the country.| www.lawdork.com
More than 600,000 Venezuelans in America could have their legal status cut by Sec. Noem's decision. And: Lower courts face improprieties in Trump admin deportations.| www.lawdork.com
Here's what you need to know about this week's big arguments over the Colorado Supreme Court ruling that Trump "engaged in insurrection" and can't be on the ballot there.| www.lawdork.com
Trump's executive order "raises serious concerns for her safety and well-being going forward," a lawsuit filed on Sunday alleges. Also, for paid subscribers: Closing my tabs.| www.lawdork.com
"The courts remain an important backstop," one of the women's lawyers tells Law Dork. Both lawsuits are backed by two LGBTQ legal organizations.| www.lawdork.com
The order enjoins the state from enforcing new puberty blocker or hormone bans, as well as a ban on "aiding and abetting" others in providing gender-affirming medical care for trans children.| www.lawdork.com
"Transgender care is not experimental care," a federal judge found after trial, ruling for the challengers "on all claims" in a first-of-its-kind decision.| www.lawdork.com
The court agreed with a lower court that Trump engaged in insurrection. The decision is on hold for now. Trump will be appealing to SCOTUS.| www.lawdork.com
The Trump admin fought the order — over a man it sent to a prison in El Salvador in an "administrative error" — and lost at all three levels of federal courts.| www.lawdork.com
The ACLU and Democracy Forward filed suit in advance of Trump's action. A federal judge hearing the case issued a classwide TRO as planes were reportedly taking off.| www.lawdork.com
We know that because that's exactly the message Trump and others in his administration have sent over the past three days since Khalil's arrest.| www.lawdork.com
The Trump administration is testing out whether Trump can get away with taking a clearly more authoritarian path forward. We must respond accordingly.| www.lawdork.com
"[E]very court to consider preliminarily enjoining a ban on gender-affirming care for minors has found that such a ban is likely unconstitutional," a Trump appointee noted in the Tennessee case.| www.lawdork.com
Judge Ana Reyes held the second of three scheduled days of hearings in a challenge to the constitutionality of Trump's executive order over trans military service.| www.lawdork.com
Another judge in the same courthouse temporarily blocked implementation of two provisions in another Trump order that threaten trans women's safety in prison.| www.lawdork.com
Just some of Trump's final moves in a day apparently aimed at wrecking American government and harming those who rely on federal grants or foreign aid.| www.lawdork.com
Newly returned to power, Donald Trump lashed out in a series of day-one orders. And: About those "acting" department heads.| www.lawdork.com
Sutton's ruling is an act of judicial cowardice that masks itself as one of judicial humility.| www.lawdork.com
"We may be wrong," Judge Jeffrey Sutton wrote for himself and Judge Amul Thapar. They are the only judges to rule that bans on gender-affirming care for minors are likely constitutional.| www.lawdork.com
The news in The Washington Post's bombshell report conflicts with the principles behind Judge Matthew Kacsmaryk's own court requirements. [Update: After media objection, some transparency.]| www.lawdork.com
Ruling responds to appeals courts that upheld state bans. Their reasoning "renders the Fourteenth Amendment largely meaningless," U.S. District Judge B. Lynn Winmill wrote.| www.lawdork.com
"Absent this Court’s review, families in Tennessee and other States where laws like SB1 have taken effect will face the loss of essential medical care."| www.lawdork.com
It's a "very bad practice," a former state attorney general tells Law Dork.| www.lawdork.com
Three Trump appointees reversed an injunction blocking the law, allowing the ban to go into effect. Florida and Georgia rulings now in jeopardy.| www.lawdork.com
The court's judgment sets up a likely quick trip to the Supreme Court if Trump wants to continue arguing that a former president is immune from criminal prosecution.| www.lawdork.com
The Fifth and Sixth circuits rejected DOJ's requests on the Biden administration's new sex discrimination rule. Also: SCOTUS stopped an execution on Tuesday.| www.lawdork.com
Chief Justice John Roberts doesn't want to lead. He is, though, carefully setting up a path to allow the right-wing court to respond to whatever comes its way in 2025.| www.lawdork.com
The Supreme Court, law, politics, and more. Click to read Law Dork, by Chris Geidner, a Substack publication with tens of thousands of subscribers.| www.lawdork.com
The conservative Trump appointee accepted many of the anti-abortion groups' most extreme arguments. The rulings could quickly come into conflict, making a quick trip to SCOTUS more likely.| www.lawdork.com
Gorsuch joins Sotomayor's dissent, along with Kagan and Jackson. Also: The Heritage Foundation goes to Texas to put anti-trans Project 2025 plans into motion.| www.lawdork.com
The Eighth Circuit issued an unsigned order Friday blocking the Saving on a Valuable Education, or SAVE, student loan program — and other related relief.| www.lawdork.com
Courts had been increasingly protecting gender identity and sexual orientation discrimination as types of sex discrimination. Then came the Trump appointees.| www.lawdork.com
Although the opinions focused on the ongoing debate over "universal injunctions," it's trans kids who will face the consequences of Monday's high court order.| www.lawdork.com
Also: A new abortion question before SCOTUS. And: Law Dork in the news.| www.lawdork.com
The Wall Street Journal hyped Moore v. US as a "wealth tax" case. There was no ruling on that, but lots of skepticism. Only Justice Jackson signaled openness.| www.lawdork.com
Yes, the court gave Trump a win on Monday — but don't be fooled: Even there, the Supreme Court was consolidating power for itself. That wasn't all on Monday, either.| www.lawdork.com
A ProPublica story about the justice's flights, yacht trips, and resort vacations — and his ridiculous response that they're just "personal hospitality from close personal friends."| www.lawdork.com
A justice who cared about ethics would want to resolve the questions surrounding the loan immediately — particularly if there were an answer.| www.lawdork.com
Law Dork looks into the timeline of a major tax case for next term & Alito's three recent WSJ opinion page appearances — and comes away with questions.| www.lawdork.com
As of mid-day Thursday, the U.S. Supreme Court hadn't even ruled on the Justice Department's request to pare back the injunctions during appeals.| www.lawdork.com
Update: Judge Axon would have allowed the rule, which includes LGBTQ protections, to go into effect, but the appeals court issued an "administrative injunction" blocking it.| www.lawdork.com
The far-right group submitted the list in a Title IX rule lawsuit. Also: Alliance Defending Freedom, back at SCOTUS.| www.lawdork.com
Three moves this week show how the real lesson of this Supreme Court term isn't what most journalists were writing about.| www.lawdork.com
Justice Kagan lays it out: "The majority disdains restraint, and grasps for power."| www.lawdork.com
The Supreme Court's conservatives made bump stocks legal again on Friday. Sonia Sotomayor read her dissent for the liberal justices from the bench.| www.lawdork.com
Sotomayor's dissent for the liberals warned of her "fear for our democracy."| www.lawdork.com
Two federal judges in Texas recently granted motions to transfer cases to other courts. Then the Fifth Circuit got involved. Now, it's a nationwide mess.| www.lawdork.com
No-News Weekend Internet is stupid-dangerous in the Trump era — as this weekend's attack on the Transgender Day of Visibility shows.| www.lawdork.com
A new feature, launching with law professors Rachel Rebouché, David Cohen, and Greer Donley talking about the medication abortion case.| www.lawdork.com
Underlying the unanimous ruling, a 5-4 dispute about the majority limiting federal power to enforce the 14th Amendment's "insurrection" disqualification clause.| www.lawdork.com
The justices appeared to be more concerned about what removing Trump from the ballot would do rather than whether the Constitution says he is disqualified.| www.lawdork.com
