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marinklevy.bsky.social
Professor of Law, Duke Law School; Academic Director of the Bolch Judicial Institute. Mother of sons & spinner of ⚖️🧵s.
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Take a moment to read about my beloved Judge. www.bostonglobe.com/2025/02/23/m...

New: Senior U.S. Circuit Judge Bruce Selya of the 1st Circuit has died, the court announced. He was 90.

This is disgraceful. Judge Bates, appointed to the bench by President George W. Bush, is a widely respected member of the judiciary. He and other judges deserve so much better.

Update: The Administrative Office of the U.S. Courts in a late-night email confirmed that some judges and judiciary staff received OPM's email. "Please be advised that this email did not originate from the Judiciary or the Administrative Office and we suggest that no action be taken."

We are seeing attempts to intimidate judges in real time 👇

This is such a savvy move by Judge Ho. It’s not just that Clement has impeccable (conservative) credentials; he was the Solicitor General from 2004–08, and even Acting AG briefly, so he can participate with quite a bit of perspective as to the proper role of the Department of Justice.

Americans overwhelmingly want Trump to follow court rulings if they conclude he has overstepped legal bounds. From a new WaPo survey: www.washingtonpost.com/politics/202...

For anyone interested in Birthright Citizenship, this feels like critical reading 👇

Grateful to speak with folks at @dukelaw.bsky.social about the importance of judicial independence . . .

"Articles of impeachment filed against judges who are simply performing their constitutional role represent an attempt to politicize the judiciary and quite frankly to intimidate judges." Always happy to chat with @nateraymond.bsky.social, who is doing great work covering the federal judiciary 👇

1/ I spent 90 minutes talking to Akhil Amar on his podcast about impoundments and the congressional power of the purse. This is, in my view, hugely important. podcasts.apple.com/us/podcast/a...

Just a gentle reminder that you can call any Senator you want by dialing the Capitol switchboard right here: (202) 224-3121 ☎️ (I just left messages for five of them in under ten minutes.)

Just a gentle reminder that you can call any Senator you want by dialing the Capitol switchboard right here: (202) 224-3121 ☎️ (I just left messages for five of them in under ten minutes.)

Here we go: The Acting Solicitor General has asked #SCOTUS to immediately freeze (and vacate) the district court order that had temporarily reinstated Hampton Dellinger atop DOJ’s Office of Special Counsel: utexas.box.com/s/h0m91y7nes... I’ll have *much* more on this in tomorrow’s “One First.”

An important piece from Trevor Morrison and @rickpildes.bsky.social today 👇

On this day – Feb. 15 – 1879, President Hayes signed a law that allowed women to argue before the Supreme Court. The woman who petitioned Congress for the law (and first argued before the Court)? Belva Lockwood. "I have never stopped fighting . . . My cause was the cause of thousands of women."

On a day of big stories, here’s one more . . . It is shocking that the judiciary is being put in this position. 👇

Bove could sign the motion himself. He is "any officer of the Department of Justice" who "may be sent by the Attorney General to any . . . district in the United States to attend to the interests of the United States." You don't have to terrorize line attorneys. And yet.

“Our norms are a promise that we will not allow this Department to be used as a political weapon. And our norms are a promise that we will not allow this nation to become a country where law enforcement is treated as an apparatus of politics.” — Attorney General Merrick B. Garland (Sept. 12, 2024)

The lead prosecutor on the Adams investigation - Hagan Scotten - resigns from SDNY. “I expect you will eventually find someone who is enough of a fool, or enough of a coward, to file your motion [to dismiss Adams charges]. But it was never going to me.” www.nytimes.com/interactive/...

There's an important point here that I'm not sure everyone is fully appreciating. People still in their probationary periods took their career positions because *they were committed to doing the work of keeping the government humming regardless of who won this or any other election.*

READ Danielle Sassoon's letter to AG Pam Bondi, via @nytimes.com: "Rather than be rewarded, Adams's advocacy should be called out for what it is: an improper offer of immigration enforcement assistance in exchange for a dismissal of his case." static01.nyt.com/newsgraphics...

This is what it looks like to stand up for the rule of law . . . 👇

This is what it looks like to stand up for the rule of law . . . 👇

Danielle R. Sassoon, Manhattan’s acting U.S. attorney, resigned on Thursday rather than obey a Justice Department order that she drop a corruption case against New York City’s mayor, Eric Adams, that she had championed, according to three people with knowledge of the matter.

NEW PAPER: It's the 100th Anniversary of the Judiciary Act of 1925—a perfect day to drop my and @marinklevy.bsky.social's "Judicial Reform from the Inside Out," prepared for ND L. Rev.'s great symposium on that anniversary. Check it out: papers.ssrn.com/sol3/papers....

This is an attempt to intimidate Judges who are lawfully performing their jobs. And it should be called out as such.

On this day — Feb. 12th — in 1809, our 16th President was born. “Don’t interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties.” —Abraham Lincoln

For how local rules work (and how they might interact with judge-shopping), @zclopton.bsky.social and I have two articles we just posted - One on the content of Local Rules papers.ssrn.com/sol3/papers.... And one on how those rules are made (Local Rulemaking) papers.ssrn.com/sol3/papers....

This would be a good time for law firms to speak up, too . . . Right, left — we *all* depend on the rule of law.

BREAKING: In response to doctors' lawsuit, Judge John Bates, a George W. Bush appointee, orders CDC, NIH, and FDA to put back up websites and datasets cited by the doctors in their lawsuit as having been relied upon and pulled down without notice. storage.courtlistener.com/recap/gov.us...

A reminder of the words of the Chief Justice in the 2024 Year End Report on the Federal Judiciary: "Today, in the computer era, intimidation can take different forms. Disappointed litigants rage at judicial decisions on the Internet . . ."

A reminder of the words of the Chief Justice in the 2024 Year End Report on the Federal Judiciary: "Today, in the computer era, intimidation can take different forms. Disappointed litigants rage at judicial decisions on the Internet . . ."

This would be a good time for law firms to speak up, too . . . Right, left — we *all* depend on the rule of law.

BREAKING: Federal judge temporarily blocks NIH indirect costs rate cap issued Friday as applied to states that sued over the act this morning. Judge Angel Kelley, a Biden appointee, ordered further briefing as well, and set a hearing on Feb 21 in the case. storage.courtlistener.com/recap/gov.us...

An important message from the ABA: "We urge every attorney to join us and insist that our government, a government of the people, follow the law. It is part of the oath we took when we became lawyers. Whatever your political party ... change must be made in the right way. Americans expect no less."

BREAKING: 22 states sue NIH over Trump administration's new 15% cap on overhead for federal research grants. Suit filed federal court in Boston contends lifesaving research 'will grind to a halt' under the policy. Doc: storage.courtlistener.com/recap/gov.us...

Proud to see the American College of Trial Lawyers speaking out now. ACTL Condemns Elon Musk’s Attack on a Federal Judge and His Call for the Judge’s Impeachment - ACTL www.actl.com/news/actl-co...

“Last week the Congressional switchboard got 1,600 calls a minute (they usually get 40 per minute).” It takes two minutes to call and sure feels good . . . 202-224-3121 ☎️

Five Former Treasury Secretaries: Our Democracy Is Under Siege www.nytimes.com/2025/02/10/o...

JD Vance - If you believe any of the multiple federal courts that have ruled against you so far are exceeding their statutory or Constitutional authority, your recourse is to appeal. You don’t get to rage-quit the Republic just because you are losing. That’s tyranny.

Just a reminder to the White House: If you have a problem with a judge's ruling in the U.S. system, the remedy is to appeal. Ignoring the judge’s order would be blatantly unconstitutional and a shocking abuse of power. /1 www.nytimes.com/live/2025/02...