In a 2-1 decision, the D.C. Circuit Court of Appeals has shut down Judge James Boasberg’s endless contempt proceedings against the Trump administration. D.C. Circuit Judge Neomi Rao wrote the majority opinion. D.C. Circuit Judge Justin Walker concurred in full with Judge Rao’s opinion and separately added a few licks. Both Judge Rao and Judge Walker are Trump appointees. They have had it with Judge Boasberg’s “law is politics by other means” routine. D.C. Circuit Judge Michelle Childs (Biden appointee) dissented.
My purpose here is to shout out a big wow to Judge Rao. To adapt the title of the number 1 hit REO Speedwagon –let’s make it RAO Speedwagon — (I just wanna) “Keep On Loving You.” She is one tough cookie. Fun fact: Judge Walker is named after Justin Hayward of the Moody Blues. I would love to get to know him. Long may they run.
The Court’s three opinions are posted online here. John quotes the opening of Judge Rao’s opinion in the adjacent post. The opinions by Judges Rao and Walker are hugely enjoyable in their entirety.
It is possible that some judge on the D.C. Circuit will initiate the Court’s consideration of a possible rehearing en banc. Let us nevertheless enjoy the whole thing while we can and contemplate Judge Boasberg stewing in his magisterial juices.
