2026 is just not a good time to be a authorities lawyer. They’re simply getting HAMMERED by judges — over and over and over and over and over once more — for shoddy litigation practices and outlandish legal arguments. And perhaps that is exhausting to imagine, but it surely’s occurring once more!
Decide Roy Dalton Jr. of the Center District of Florida is making it abundantly clear that legal professionals pretending inconvenient legislation merely doesn’t exist simply doesn’t minimize it in federal courtroom. Dalton issued a snippy order warning U.S. Legal professional Gregory Kehoe and Assistant U.S. Legal professional Pleasure Warner that sanctions could also be coming their manner.
The underlying case includes one of many many habeas petitions difficult the Trump administration’s aggressive place that just about all noncitizens are topic to necessary detention with no bond listening to. Dalton made clear that the federal government is allowed to push an unpopular authorized idea. What they will’t do is want away opposite authority.
“The federal government is free to advance an unpopular authorized idea,” Dalton wrote, “however its legal professionals should make these arguments in a manner that comports with their skilled obligations.”
“Cite the opposite binding authority and argue why it’s fallacious. Don’t conceal the ball. Don’t ignore the overwhelming weight of persuasive authority as if it received’t be discovered,” he admonished. He continued with this bodyblow of a line, “And don’t ship a sacrificial lamb to face earlier than this Court docket with a fistful of instances that don’t apply and no cogent argument for why they need to.”
That’s… gotta sensible.
The federal government has till by February ninth to clarify why they shouldn’t be sanctioned, perhaps they will argue this scathing order was punishment sufficient.
Kathryn Rubino is a Senior Editor at Above the Regulation, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are one of the best, so please join together with her. Be happy to e mail her with any suggestions, questions, or feedback and observe her on Twitter @Kathryn1 or Mastodon @[email protected].
