declaratory judgment

Fighting Back Against Lawless Judges: What Does The Case Law Actually Say?

Current standards for declaratory judgments could allow the Biden administration to pre-empt.

Three weeks ago, I argued that the Biden Administration should use the declaratory judgment as a way of pre-empting lawless judges like Matthew J. Kacsmaryk and Reed O’Connor, both of (of course) Texas. I fleshed out the idea in a recent piece for The American Prospect. Since then, the problem has only gotten worse, as …


How Do You Solve A Problem Like A Lawless Judge?

Some counsel for the Justice Department from The Great One.

The eyes of nearly everyone are upon Texas – on Amarillo, specifically, where comically lawless federal Judge Matthew J. Kacsmaryk will soon decide if the FDA illegally approved the medication mifepristone, sometimes thought of as the “abortion pill.” One might think that it’s somewhat too late to challenge a two-decade old approval based upon impeccable …