Deep in the Heart of Amarillo
Back in the day, most local newspapers hired reporters who covered the dealings in local courts. Alas, with budget cuts, those positions have gone by the wayside. It is very rare indeed for the national media to care at all what happens in small-town courts. Of course, the single-judge divisions have recently become topics of national concern. And the judge du jour is Matthew Kacsmaryk of the Northern District of Texas. The Washington Post flew an entire team of reporters to Amarillo, and also interviewed nearly two dozen people (present company included). On balance, I thought the profile was fair, and conveyed an accurate image of Judge Kacsmaryk.
However, not everyone holds Judge Kacsmaryk in such high esteem. In Texas legal circles, it is well known that the never-ending stream of commentary about Judge Kacsmaryk has triggered a never-ending stream of death threats–and not just against the judge, but also threats against the judge’s staff. Every time Ian Millhiser or Mark Joseph Stern or Ron Wyden invokes Judge Kacsmaryk’s name, the switchboard lights up with threats. Perry Bacon of the Washington Post wrote that any threats of violence go with the job. I think we should not forget that someone nearly assassinated Justice Kavanaugh to prevent his vote in Dobbs.
At present, a motion for a preliminary injunction is pending before Judge Kacsmaryk. There is no requirement for a court to hold oral argument. Judges routinely decide motions on the papers. Courts can also submit interrogatories to the parties to resolve any questions. But Judge Kacsmaryk decided to schedule oral argument on the motion. He could have simply set the matter for argument on Zoom. Many judges have now moved almost entirely to Zoom oral argument. I do not think any of these judges can credibly cite COVID as a justification for Zoom arguments. The primary rationale, I suspect, is convenience. Zoom can be easier for the judge, court staff, and the parties. But not all judges favor Zoom hearings. There is much lost when everyone is reduced to a small square. So it seems that Judge Kacsmaryk thought it beneficial to hold the PI hearing in his Amarillo courthouse.
What happened next is the story of national headlines. Today the Washington Post published an article titled, “In an unusual move, judge delays public notice of abortion-pill hearing.” Here is a snippet:
The Texas judge who could undo government approval of a key abortion drug has scheduled the first hearing in the case for Wednesday but took unusual steps to keep it from being publicized, according to people familiar with the plans.
The hearing will be an opportunity for lawyers for the Justice Department, the company that makes the drug and the conservative group that is challenging it to argue their positions before U.S. District Court Judge Matthew Kacsmaryk. After they do, the judge could rule at any time, potentially upending access to medication abortions across the country.
Kacsmaryk held a conference call with attorneys Friday to schedule Wednesday’s hearing in Amarillo, Texas, said multiple people familiar with the call, who spoke on the condition of anonymity because they were not authorized to discuss it. Normally, such a hearing would be quickly placed on the public court docket, where anyone tracking the case online could see it. But Kacsmaryk said he would delay putting the hearing on the docket until late Tuesday to try to minimize disruptions and possible protests, and asked the lawyers on the call not to share information about it before then, the people said.
Public access to federal court proceedings is a key principle of the American judicial system, and Kacsmaryk’s apparent delay in placing the hearing on the docket is highly unusual. The judge and his staff did not respond to emails requesting comment on Saturday evening. . . .
Attorneys on the planning call with Kacsmaryk on Friday included representatives from the Alliance Defending Freedom, which filed the lawsuit; th
Article from Reason.com
