February 27, 2026 Update

At a marathon State of the Union speech that brought out members of the gold-medal-winning US men’s Olympic hockey team, revealed empty seats of boycotting lawmakers, and gave fact-checkers writer’s cramp, four Supreme Court justices sat silent and expressionless in the front row. During the speech, the president criticized the court’s recent 6-3 decision that found his tariffs violated federal law as “unfortunate.” This was significantly toned down from his angry explosion on decision day, which not only expressed disappointment with the ruling but also personally attacked the justices who sided with Chief Justice Roberts’ majority opinion. Trump especially targeted the justices in the majority whom he had appointed: Justices Amy Coney Barrett and Neil Gorsuch. Against this backdrop, rumors are swirling again that President Trump may get another Supreme Court pick as some predict that Justice Samuel Alito may retire at the end of this term. (Of course, there are others who predict otherwise.) Either way, it is likely that this latest vote on the court may well inform any Supreme Court selection in the president’s future, emphasizing for him the importance of picking a proven loyalist. One such loyalist is one of the latest nominees to be announced — Justin Smith, nominee to the Eighth Circuit Court. Smith is Trump’s personal lawyer in the case to overturn the judgement in the sexual abuse case involving E. Jean Carroll. The law firm that he co-owns represented President Trump in his successful immunity case before the Supreme Court. The other nominees to the District Court for the District of Kansas are: Tony Mattivi, Jeffrey Kuhlman, and Anthony Powell. There are now announced vacancies in the Second, Sixth, and Tenth Circuit Courts awaiting nominees.

Here are some recent highlights of lower court decisions in cases challenging the administration’s actions and policies:

President Biden nominee Judge Brian Murphy of the District Court for the District of Massachusetts ruled that the current administration policy of removing immigrants to third countries to which they have no connection is illegal. Immigrants must be given meaningful notice and the opportunity to challenge their deportations. Last year, the Supreme Court paused a similar order by Judge Murphy, paving the way for quick deportations to third countries. The judge paused his latest order for 15 days to give the Trump administration time to appeal.
Judge Sunshine Sykes, a Biden nominee to the District Court for the Central District of California, ordered that the Department of Homeland Security must inform thousands of immigrants detained without notice that they can join a lawsuit against the government and get a hearing or be immediately released. She called out the “unlawful, wanton acts” by the Executive Branch. The administration plans to appeal the ruling.
Judge Paula Xinis (Obama nominee to the District Court for the District of Maryland), who has been presiding over the immigration case of Kilmar Abrego Garcia, ruled that immigration authorities could not re-detain Kilmar Abrego Garcia because the 90-day detention period has ended and there is no evidence that “removal is likely in the reasonably foreseeable future.” In a criminal case being heard currently in the District Court for the Middle District of Tennessee, Abrego’s lawyers are arguing that the charges amount to “vindictive prosecution.”
President Clinton nominee, Judge Joseph Goodwin of the District Court for the Southern District of West Virginia, issued an order that it is a Fourth Amendment violation for ICE agents to wear masks, stripping people of due process and eliminating accountability. The case involves a Salvadoran man who has a pending asylum application who was taken into custody by masked ICE agents during a traffic stop despite producing a legal drivers license and work permit. He was unable to identify those who detained him due to their masks.
Judge Cynthia Rufe, who was nominated by President Geoge W. Bush to the District Court for the Eastern District of Pennsylvania, ordered the National Park Service to reinstall the exhibits about slavery that were removed in Philadelphia. The exhibits educated about the slaves owned by George Washington and John Adams at the historic President’s House. The Park Service removed the panels in keeping with a Trump Executive Order to remove content in museums or historic sights that “inappropriately disparage Americans past or living.” The ruling is being appealed.

► Senate Judiciary Committee

On March 5, the committee is expected to mark-up the nominations of Anna St. John to the United States District Court for the Eastern District of Louisiana (opposed by NCJW), John Thomas Shepherd to the United States District Court for the Western District of Arkansas, and Andrew Davis and Chris Wolfe to the United States District Court for the Western District of Texas. As these nominees will then move to full Senate consideration, it is not too early to call your senators using the Capitol Switchboard (202-224-3121) to urge them to oppose Anna St. John in particular.

The next hearing is expected to be on March 25 and is expected to include: Evan Rikhye to the District Court for the District of the Virgin Islands (which is not a lifetime position); Katie Lane to the District Court for the District of Montana; Sheria Clarke to the District Court for the District of South Carolina; and Kara Westercamp to the Court of International Trade. It is noteworthy that Sheria Clarke is the first Black woman to be nominated to the federal court in the second Trump term. The newer nominees are likely to appear at a hearing on April 15.

► ICYMI

(Balls & Strikes) The surest path to a federal judgeship is being one of Trump’s lawyers

(Guardian) Trump’s vicious attacks on judges fuel his bid for unchecked power

(NYTimes) Judges grow angry over Trump administration violating their orders

(NYTimes) A plan for a radically different Supreme Court is here

(Slate) A judge made Trump officials investigate themselves

To those who celebrate: Ramadan Mubarak!