2020—In a brazen exercise in bullying federal judges, all ten Democrats on the Senate Judiciary Committee sign their names to letters to Eleventh Circuit judges Robert Luck and Barbara Lagoa demanding that they explain to the senators how they can take part in the Eleventh Circuit’s pending en banc proceedings in Jones v. DeSantis. Nine of the ten Democrats are also lawyers, so, as Eleventh Circuit chief judge William Pryor will inform the parties in the case, their letters to Luck and Lagoa, at the very time that plaintiffs’ motion to disqualify them is pending before them, are ex parte communications—communications, that is, outside of the presence of opposing counsel and generally barred by rules of professional conduct.
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About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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