Author Archive: Glenn Reynolds

FORMER MASSACHUSETTS U.S. ATTORNEY RACHAEL ROLLINS SUSPENDED FROM LAW PRACTICE. “Rollins, who worked as Suffolk district attorney before leaving to join the Biden administration as the Massachusetts U.S. Attorney, was found by the Department of Justice to have attempted to influence the outcome of the Suffolk DA race in favor of former City Councilor Ricardo Arroyo, who lost the primary to Kevin Hayden. The violation was ‘among other’ instances of significant misconduct flagged by DOJ Inspector General Michael Horowitz in his scathing report to Congress.”

She apparently let it lapse, possibly as a preemptive measure to avoid being disbarred.

SHADY ACTION FROM THE JUDICIAL COUNCIL: The Judicial Council Legislates From The Shadow Docket: The Chief Justice and his associates target only one type of forum shopping in response to political criticism through a secret policy that will not be released for months.

On Tuesday afternoon, a reporter from the Washington Post called to ask me about a new policy from the Judicial Council designed to limit forum shopping. I inquired if she had a copy of the policy. She said no, but there was a press release. I was tempted to reply, “Democracy dies in darkness.” Still, all we have is a press release. . . .

How will this policy operate? When does it actually go into effect? How are litigants to know what types of remedies will trigger the policy? Who the hell knows? Not even the district court judges have seen a copy of the policy. They learned about it when we did. Courthouse News reported that the policy will be circulated to judges later this week, and the chief judges will “have to meet to discuss the change.” You think?

After years of complaints about the secretive “shadow” docket, the Chief Justice of the United States, the Chief Judges of the Circuit Courts, and various District Court judges, have the temerity to announce a secret policy that no one can see that will fundamentally change the way litigation operates in federal courts. Maybe it is posted on top of a tall column, like in Nero’s day. Worse still, this policy change was plainly motivated by the same critics who harp about the shadow docket. The courts should resist the political currents, but here, the Judicial Council has kowtowed to Senators Schumer and Whitehouse, and some scholars. . . . As a general matter, the Judicial Council has remained silent about serious abuses of power (Judge Moore’s stealth impeachment of Judge Newman and Judge Sullivan’s sitting on the judicial selection committee). Meanwhile, the Judicial Council caves into criticism from Schumer and others, without even the courtesy of seeking comments from the District Court Judges nationwide. This is a body that operates in the shadows, and lacks fortitude.

The Chief Justice reminds me of what Teddy Roosevelt said about Holmes: I could carve a better backbone out of a banana.

Plus: “Fourth, the impetus of this policy was perceived abuses of the patent system. (Speaking of patents, I’m glad Chief Justice Roberts and Chief Judge Kimberly Moore found something productive to work on together, as Judge Pauline Newman remains trapped in Article III purgatory).”

EVERY INSTITUTION HAS BEEN CORRUPTED: West Point Deletes “Duty Honor Country” from its Mission Statement. “As you can see, an unidentified ‘Army Senior Leader’ has approved the change in the Mission Statement to remove the reference to West Point’s motto, ‘Duty, Honor, Country,’ and substituting a goal of graduating leaders committed to the ‘Army Values.’ West Point does not identify the current seven ‘Army Values’ in the new Mission Statement; you must navigate to another link to see them.”

DEI = DEATH. The US DEI regime failed Haiti. “Prior to the gang coup, Haiti became subservient to the U.S. government’s endless money spigot. In turn, the U.S. government wielded its considerable influence to export an agenda of diversity, equity, and inclusion that endangered the lives of the Haitian people and provided no tangible improvement to their security and well-being.”

THE MAJORITY OF OUR INSTITUTIONS WERE REVEALED AS CORRUPT, ENTITLED, AND INEPT: Harvard Tramples the Truth: When it came to debating Covid lockdowns, Veritas wasn’t the university’s guiding principle.

Harvard and the wider scientific community have much work to do to deserve and regain public trust. The first steps are the restoration of academic freedom and the cancelling of cancel culture. When scientists have different takes on topics of public importance, universities should organize open and civilized debates to pursue the truth. Harvard could have done that—and it still can, if it chooses.

Almost everyone now realizes that school closures and other lockdowns, were a colossal mistake. Francis Collins has acknowledged his error of singularly focusing on Covid without considering collateral damage to education and non-Covid health outcomes. That’s the honest thing to do, and I hope this honesty will reach Harvard. The public deserves it, and academia needs it to restore its credibility.

I was talking to a friend yesterday, and we noted that everyone now knows that Covid came from a Chinese lab with U.S. government funding, and yet no one has been hanged yet. When people can perpetrate enormities with no consequences, there’s little reason to trust them.

OPEN THREAD: It’s there, it’s there for you. It’s what you want.

ONLY TWO OUT OF THE THREE CAN STILL REMEMBER THE LYRICS:

This is circulating among the sector of my Democratic acquaintances who can be counted on to believe anything they’re told by Occupy Democrats, NPR, and the like.

WE NEED FREE SPEECH ON CAMPUS, EVEN FOR IDIOTS: Texas Tech Investigates Professor for Social Media Posts: The AFA objects. “Funez-Flores has shared his thoughts on the events in Israel and Gaza on social media. As with many academics, his views on Israel are controversial. In his case, expressing his private political opinions on social media resulted in his being suspended, investigated, and threatened with termination by his state university employer.”

From the Academic Freedom Alliance: “There can be no question that the social media posts of Professor Funez-Flores are constitutionally protected expressions of private political opinions and cannot themselves form the basis of university discipline. For the university to explicitly leverage complaints about such social media posts into grounds for a fishing expedition into the professor’s professional conduct on campus is not only inconsistent with the university’s policies and constitutional commitments but has a direct chilling effect on all members of the faculty who might wish to engage in their own constitutionally protected expressive activities on controversial topics. The publicly announced suspension and investigation is itself a form of punishment, and the stated cause of this punishment is that the faculty member engaged in protected political expression that some found ‘hateful, antisemitic, and unacceptable.'”

That’s right, and Texas Tech should know better. The only bright side is that as campus leftists face the kind of negative repercussions for their speech that they’ve been happily doling out to conservatives and libertarians, perhaps they’ll once again support free speech. Perhaps.