May 15, 2026 Update

We all know that #CourtsMatter, but over the past two weeks we have seen that they can matter almost instantaneously! Almost before the ink was dry (so to speak) on the devastating opinion in Louisiana v. Callais, state legislatures in the South began meeting in special session to ‘disappear’ the rare Black electoral districts on their maps. Emergency docket cases have immediate implications too. On May 14, in an unsigned ‘shadow docket’ ruling, a majority of the justices continued a block on Louisiana’s ban on mailing mifepristone, a medication commonly and safely used in abortions and miscarriages. After the Fifth Circuit upheld the state’s ban, it was put on hold by Justice Samuel Alito who reviews emergency orders in that circuit. His ban expired at 5 pm Thursday, a few minutes later, the full Supreme Court (with the exception of Justices Alito and Clarence Thomas) extended that pause while the issue was litigated in the courts — a move that continues access to this critical medication. The Court has finished hearing arguments for this term and will be announcing decisions in the 33 cases left to be decided between now and early summer.

Over on Capitol Hill, the Senate returned and cloture was filed on the nominations of Sheria Clark to the District Court for the District of South Carolina and Evan Rikhye to the District Court for the District for the Virgin Islands (a judgeship that has a term of 10 years). Meanwhile, six new nominations were announced by the president, including two new circuit court nominees: Judge Daniel Domenico to the Tenth Circuit Court of Appeals; Judge Daniel Traynor to the Eighth Circuit Court of Appeals; Kasdin Mitchell to the District Court for the Northern District of Texas; Angela Colmenero to the District Court for the Southern District of Texas; Antonio Pozos to the District Court for the Eastern District of Pennsylvania; and Michael Martin to the District Court for the Eastern District of Michigan. As both Michigan and Pennsylvania have two Democratic senators, it will be interesting to see if they return their Blue Slips on these Trump nominees.

And in the lower federal courts, judges continue to weigh in with decisions impacting Trump administration policies. Here are some highlights from the past two weeks:

Trump-nomined Judge Mary McElroy of the District Court for the District of Rhode Island rejected a federal subpoena by the US Department of Justice (DOJ) seeking years of records on gender-affirming care for minors from Rhode Island Hospital. She also barred the DOJ from obtaining, retaining, or disseminating identifying patient information related to the subpoena. In the scathing opinion, the judge accused the Trump administration of “appalling” behavior, misleading the courts and targeting transgender youth.
A three-judge panel of the Sixth Circuit Court rejected the ICE policy of denying bond to immigrants in the US fighting deportation cases. The ruling applies to the states of the Sixth Circuit. Judge Eric Murphy, a Trump nominee, voted against the ruling while Clinton-nominated judges: Eric Clay and Guy Cole voted in the majority.
A three-judge panel of the US Court of International Trade, a federal court with judges confirmed by the Senate but serving limited terms, struck down Trump’s emergency ten percent tariffs levied after the Supreme Court invalidated his more sweeping tariffs. Two Obama-nominated judges, Mark Barnett and Claire Kelley were in the majority, while Judge Timothy Stanceu who was nominated by George W. Bush dissented. The Circuit Court for the District of Columbia issued a stay of the ruling shortly thereafter.

► Senate Judiciary Committee

On May 14, the judiciary committee voted to advance the nominations of Justin Smith for the Eighth Circuit (opposed by NCJW) and nominees to the District Court for the District of Kansas Tony Mattivi (opposed by NCJW) Jeffrey Kuhlman; and Anthony Powell (opposed by NCJW). All were approved on a party-line vote. On May 20, a hearing is scheduled for: Benjamin Flowers, former Solicitor General of Ohio, to the Sixth Circuit Court and Matthew Schwartz, Trump’s personal lawyer in the Stormy Daniels case, to the Second Circuit Court. NCJW opposes both nominees. Take Action! Call your senators using the Capitol Switchboard, 202-224-3121 to urge them to oppose the confirmations of Justin Smith, Kathleen ‘Katie’ Lane, Tony Mattivi, and Anthony Powell. Your calls make a difference!

► ICYMI

(Yahoo) Holding DOJ to account has been extremely frustrating for judges.

(Politico) 10,000 rulings: the courts’ overwhelming rebuke of Trump’s ICE policies

(Scotusblog) 11 things about the second-longest-serving justice of all time

(Brennan Center) Supreme Court reform report

(Guardian) Watchdog group urges Senate to investigate Samuel Alito over oil stock conflicts

(Politico) Justice Brown Jackson asks public to back judicial independence

Stay tuned for a Save-the-Date for a webinar in July analyzing this Supreme Court term. In the meantime, have a good weekend and know that you are all appreciated!