Judges

This week, a lone federal district court judge in Boston, Massachusetts, with nary a citation to the Constitution, statutes or the applicable Federal Rules of Civil Procedure, entered a temporary restraining order prohibiting the federal defunding of Planned Parenthood. The basis for Judge Indira Talwani’s order is left for the public to surmise. Perhaps the good judge will fill in the blanks before the next hearing planned in the case, within two weeks; or perhaps not, since TROs are generally not appealable. Either way, the judge’s barren two-page order, as it stands, is a textbook example of a lawless judiciary engaged in policymaking from the bench.

How is the mood in Virginia these days? It appears to be a bit litigious. Last month, seven school boards announced they were suing Republican Governor Glenn Youngkin over his executive order banning mask mandates in schools. The ACLU is also suing Youngkin over the order, despite the fact that it used to sue to protect liberties, not infringe on them. Youngkin, meanwhile, is suing the Loudoun County School Board, which is also being sued by parents incensed over its mask policies as well as all of its other policies. Cut to me sitting in my Alexandria apartment terrified that a lawyer is about to knock at the door. Certainly a blizzard of lawsuits is nothing extraordinary in modern-day America — or many other powerful nations for that matter.

The British commentariat has not covered itself in glory in its reaction to Dominic Raab's proposed reforms to judicial review. The Times reported yesterday that the government is planning to introduce a novel legislative tactic, the ‘Interpretation Bill’, to try to shift the balance of power back towards parliament. To be clear: there is no prospect of ministers being given the power to strike down court judgments they dislike. In fact, the core of the proposal is perfectly orthodox. The proper way for parliament to change the law is through legislation, and an Interpretation Bill is legislation. It would need to be passed in the normal way, and MPs would have to vote it through. No despotism involved.