A three-judge panel of the D.C. Circuit Court of Appeals has granted the Trump administration’s petition for an order halting Judge James Boasberg’s criminal contempt proceedings against it. Judges Katsas and Reo filed concurrences with the court’s per curiam order. Judge Pillard filed a long dissent.
Judge Boasberg’s underlying temporary restraining order was vacated by the Supreme Court. Judge Boasberg nevertheless means to heighten the stakes and do serious damage to administration officials. Reading the opinions — they are all posted online here — I think of The Madness of King George. King George had nothing on James Boasberg.
The New York Times reports briefly on today’s action in the D.C. Circuit here. The case involves the deportation of alleged Tren de Aragua gang members. The tone of the Times summary falls short of the hysteria I had anticipated: “The ruling by the three-judge panel of the U.S. Court of Appeals for the District of Columbia will make it far more difficult for Judge James E. Boasberg to determine the details of who was made aware of his order in March, and why the planes continued on to El Salvador.”
The republic will survive. One can only hope that the D.C. Circuit does not undertake further review of the matter en banc. I should think the Supreme Court will deem the panel’s unusual grant of mandamus ordering Judge Boasberg to give it a rest a job well done.
