March 6, 2026 Update

March has indeed come in like a lion with what appears to be a widening war in the Middle East, initiated by the US and Israel on February 28. American servicemembers have died, but innocent civilians have borne the brunt with a mounting toll of deaths and casualties in Iran and Israel. We do not know how long hostilities will last except that President Trump has said the war could last “weeks.” We mourn the loss of life and pray for peace. In the face of this dangerous situation, it may be difficult to focus on much else, but these days we have to hone our ‘walking and chewing gum’ skills and pay attention to ongoing threats to democracy. A major threat comes from the attempt to subvert an independent judiciary by confirming lifetime federal judges who are biased and more loyal to the president than to the Constitution. This week, new vacancies were announced on the Second, Sixth, and Tenth Circuit Courts of Appeals as judges nominated by the President George W. Bush announced their retirements. Add to this the recent nomination of Justin Smith, one of President Trump’s personal lawyers, to the Eighth Circuit Court of Appeals, a nominee opposed by NCJW and a growing list of organizations.

After a contentious Senate Judiciary Committee oversight hearing at which senators from both parties sharply questioned Secretary of the Department of Homeland Security (DHS) Kristi Noem, President Trump fired her from that post. Regardless of who is at the top of the department, federal court judges continue to consider the legality of DHS policies and other administration actions. Here are some recent highlights:

Judge Patrick Schiltz, a George W. Bush nominee to the District Court for the District of Minnesota, filed an order demanding that the federal government comply with his previous orders to release and grant a bond hearing for an Ecuadoran man being held in detention. Judge Schiltz threatened to hold Trump administration officials in criminal contempt. This is one of several immigration cases stemming from DHS operations in Minnesota where the government is flouting judges’ orders.
Biden-nominee Judge Jia Cobb of the District Court for the District of Columbia temporarily suspended the Trump administration policy requiring lawmakers to give seven days notice before inspection visits to immigration detention facilities. Although previously Judge Cobb issued an order covering 13 members of Congress who brought suit, this latest move applies to every member of Congress. She concluded that lawsuits being brought by Rep. Joe Neguse (D-CO) and other lawmakers were likely to succeed.
A US Court of International Trade judge, nominated by President Clinton, ruled that companies that paid tariffs struck down by the US Supreme Court are due refunds. Judge Richard Eaton ruled that he would be the only one to hear cases pertaining to refunds under the now ended tariffs. The Court of International Trade is a federal court whose judges serve for limited terms. This ruling came after the US Circuit Court for the District of Columbia declined to delay the implementation of the Supreme Court’s tariff decision.

► Senate Judiciary Committee

On March 5, on party-line votes, the judiciary committee approved 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. These nominations will now go to the Senate floor. Please call your senators using the Capitol Switchboard (202-224-3121) to urge them to oppose Anna St. John who has a troubling and extreme record that indicates that she will not be fair or independent as a judge in a lifetime seat.

A hearing is scheduled for 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.

► ICYMI

(NominationsNotes) Twelve days before Judge Tymkovich announced semi-retirement

(Newsweek) Supreme Court hands Trump DOJ unanimous immigration win

(Scotusblog) Will the mystery of the Dobbs leak ever be solved?

(CBSNews) Federal judges who’ve ruled against Trump administration denounce threats

(NYTimes) An assertive Supreme Court turns to curbing state courts

(NYTimes) A judge’s ‘battle royale’ with Trump and the Supreme Court