JP Collins

@profjpc

Law prof at GW Law. New Yorker turned Virginian. Former SDNY clerk and litigator at Sullivan & Cromwell. Studying and writing about court admin and the judiciary. #LFGM #COYS Papers here:

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JP Collins@profjpc· 25d

Me stepping outside this morning:

JP Collins@profjpc· 25d

Good morning!

JP Collins@profjpc· 27d

To battle!

JP Collins@profjpc· 29d

Appellate Twitter stalwarts @smmarotta.bsky.social and @rmfifthcircuit.bsky.social in today's CA2 decisions

JP Collins@profjpc· Jul 11

lol

JP Collins@profjpc· Jul 11

JP Collins@profjpc· Jul 9

JP Collins@profjpc· Jul 7

Here I am also talking to Mitch McConnell, who is just out of frame and also laughing (because we're talking about repealing Obamacare)

JP Collins@profjpc· Jul 7

Short and interesting CA9 order here on General Order 3.6(d), which concerns appeals from a case after it's been remanded to the district court. The previously assigned panel is supposed to be notified and is encouraged to take the new appeal, but the clerk's office missed this one.

JP Collins@profjpc· Jul 7

Tonight’s referee is from the neutral territory of Bespin, I’m told

JP Collins@profjpc· Jul 6

Uh ok great, thanks

JP Collins@profjpc· Jul 5

For King and Country!

JP Collins@profjpc· Jul 5

JP Collins@profjpc· Jul 4

Happy 4th!

JP Collins@profjpc· Jul 4

Me all day every day for the last three weeks

JP Collins@profjpc· Jul 2

I'd love to take a hit of whatever this guy is smoking

JP Collins@profjpc· Jun 30

And so it begins

JP Collins@profjpc· Jun 30

Now we wait, I guess

JP Collins@profjpc· Jun 28

I’m wearing mine now—very happy with it

JP Collins@profjpc· Jun 25

Former Alito clerk Matthew Schwartz, whom the Senate will confirm to the Second Circuit next month, said in written responses that Alito is his ethical role model and that he considers Alito foundational to his judicial philosophy because he "carefully studies the facts and law of each case."

JP Collins@profjpc· Jun 25

I won’t apologize

JP Collins@profjpc· Jun 25

@ringwiss.bsky.social How is this possible? Thune only filed for cloture on Schwartz yesterday. Doesn’t it take until noon tomorrow for the motion to ripen?

JP Collins@profjpc· Jun 24

This is magnificent performance art

The APA has, for far too long, been used by judges to shutter any policy they dislike — even policy that is well within the discretion of the agency.

Case in point: ICE is entitled to arrest illegal aliens wherever it can find them. As a matter of policy, it has limited where it will make arrests. But it is by no means required to impose such a limitation on itself.

Now, with new leadership and a change in administration, ICE wants to change its policy. But it can’t, because a federal judge doesn’t like the *reason* for the change.

You read that correctly. The judge didn’t say the new policy violated the law. Only that the reasons ICE gave for the change were inadequate.

So now, anytime ICE or any agency wants to change their policy they have to articulate reasons to the satisfaction of a district court judge.

So if a judge doesn’t like why you are changing your policy—injunction. Or if a judge thinks you’re not explaining the change adequately—injunction.

Who authorized judges to exercise this type of power? Certainly not the founders. Or the Constitution. Nor does the APA, properly understood.

JP Collins@profjpc· Jun 23

Sparse attendance at tomorrow's Judiciary Committee hearing. This could have accommodated one more circuit judge nominee and two or three more district judge nominees (and the Red State vacancies are there), but thankfully the WH doesn't seem to have its act together.

JP Collins@profjpc· Jun 22