Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—July 21

(Evgeniia Ozerkina/iStock/Getty Images Plus)

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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