2006— In United States v. McCotry, federal district judge David F. Hamilton invokes “substantive due process” to suppress evidence of marijuana and crack cocaine found in the apartment of a criminal defendant, Tamica Hollingsworth, charged with possessing marijuana and knowingly making her apartment available for the unlawful storage of controlled substances. One year later, a unanimous Seventh Circuit panel will reverse Hamilton’s ruling.
In March 2009, Hamilton, a former ACLU activist, will become President Obama’s first nominee to an appellate seat.
2020—Federal district judge Theodore D. Chuang grants a preliminary injunction (in American College of Obstetricians & Gynecologists v. FDA) that bars the Food and Drug Administration from enforcing during the coronavirus pandemic two of its rules governing the drug regimen used in chemical (i.e., non-surgical) abortions.
Six months later, the Supreme Court will block Chuang’s injunction from continuing in effect pending disposition of the FDA’s appeal.
2020—Under Oregon law, a group petitioning to place an initiative on the November 2020 ballot had to collect 149,360 signatures by July 2, 2020. But when the group claims (in People Not Politicians Oregon v. Clarno) that these requirements can’t constitutionally be applied during the coronavirus pandemic, federal district judge Michael J. McShane orders the state of Oregon either (1) to place the initiative on the ballot or (2) to reduce the signature threshold to 58,759 (which McShane somehow miscalculates to be a 50% reduction) and to extend the deadline to August 17.
One month later, the Supreme Court will block McShane’s order from taking effect pending disposition of the state’s appeal.