Interested in clerking? Check out this event to learn more about clerking in state supreme courts.
06.03.2026 15:15
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Interested in clerking? Check out this event to learn more about clerking in state supreme courts.
The abstract of the article, setting out the general findings.
The strongest arguments against qualified immunity reform are that lawsuit costs would skyrocket and officer retention would plummet. Alex Reinert, Jim Pfander, and I studied qualified immunity reforms in Colorado and New Mexico and can report: the sky is not falling. papers.ssrn.com/sol3/papers....
Join us next week for this panel!
![As noted, Rosen asserted in his email that "[t]he lawyers in my civil division
didn't deserve" the supposedly inaccurate January 28 order. Putting aside the fact that
the January 28 order was not inaccurate, Rosen failed to mention that this Court said the
following in the show-cause order that preceded the January 28 order:
The Court expresses its appreciation to attorney Ana Voss and her colleagues [in the civil division], who have struggled mightily to ensure that respondents comply with court orders despite the fact that respondents have failed to provide them with adequate resources.
ECF No. 7 at 2 n.1.
The judges of this District have been extraordinarily patient with the government
attorneys, recognizing that they have been put in an impossible position by Rosen and
his superiors in the Department of Justice (leading many of those attorneys- including, unfortunately, Ana Voss- to resign). What those attorneys "didn't deserve" was the
Administration sending 3000 ICE agents to Minnesota to detain people without making
any provision for handling the hundreds of lawsuits that were sure to follow.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:36eqtmzysqf7wsslczw4uxcd/bafkreicr5bo7wzyf54cgwvlf5ada722e6fs6b5f2ycbxh33lqnwi57m3ve@jpeg)
As noted, Rosen asserted in his email that "[t]he lawyers in my civil division didn't deserve" the supposedly inaccurate January 28 order. Putting aside the fact that the January 28 order was not inaccurate, Rosen failed to mention that this Court said the following in the show-cause order that preceded the January 28 order: The Court expresses its appreciation to attorney Ana Voss and her colleagues [in the civil division], who have struggled mightily to ensure that respondents comply with court orders despite the fact that respondents have failed to provide them with adequate resources. ECF No. 7 at 2 n.1. The judges of this District have been extraordinarily patient with the government attorneys, recognizing that they have been put in an impossible position by Rosen and his superiors in the Department of Justice (leading many of those attorneys- including, unfortunately, Ana Voss- to resign). What those attorneys "didn't deserve" was the Administration sending 3000 ICE agents to Minnesota to detain people without making any provision for handling the hundreds of lawsuits that were sure to follow.
If anything is "beyond the pale," it is ICE's continued violation of the orders of this Court. Increasingly, this Court has had to resort to using the threat of civil contempt to force ICE to comply with orders. The Court is not aware of another occasion in the history of the United States in which a federal court has had to threaten contempt -again and again and again - to force the United States government to comply with court orders. -5- CASE 0:26-cv-00107-PJS-DLM Doc. 12 Filed 02/26/26 Page 6 of 6 This Court will continue to do whatever is required to protect the rule of law, including, if necessary, moving to the use of criminal contempt. One way or another, ICE will comply with this Court's orders. Dated: February 26, 2026 (s/ Patrick J. Schiltz Patrick J. Schiltz, Chief Judge United States District Court
BREAKING: Judge Patrick Schiltz in Minnesota threatens criminal contempt, if necessary, to address ICE noncompliance in an order calling out U.S. Attorney Daniel Rosen's response to Schiltz's earlier questions about noncompliance with court orders.
"ICE will comply with this Court's orders."
Judge Bryan in Minnesota has scheduled a combined contempt hearing in morethan two dozen immigration cases for what he says has been widespread defiance of his orders to ensure released detainees are given their confiscated property. storage.courtlistener.com/recap/gov.us...
Join us for the next installment in our Election Matters series, "The Battle Over Mid-Decade Redistricting" on March 6, 3-4:15 pm CT. Panelists will offer an update on mid-decade redistricting and how it may impact the 2026 midterms.
Register here: go.wisc.edu/95y7s8
"[L]ocal police did not open investigations into six of the 12 shootings by on-duty federal agents that have led to the deaths or injuries of citizens and immigrants since September, a ProPublica analysis found."
Relevant to this essay, UT's Republican governor signed a bill this weekend to add two new supreme court justices that he would appoint. Unlike a constitutional amendment, which goes to voters, the bill did not give voters a chance to directly weigh in. www.sltrib.com/news/politic...
We argue that state constitutions do not bar efforts to align state courts with popular preferences or the public's vision for the judiciary. But they do require, at a minimum, that outcome-shaping changes receive public engagement and validation--a component that is often lacking today.
Nine DAs are coalescing to work on prosecuting federal agents for 'overreach':
—L. Krasner in Philly
—J. Creuzot in Dallas
—M. Moriarty in Minneapolis
—L. Conover in Tucson
—S. Descano in Fairfax (VA)
—R. Fatehi in Norfolk (VA)
—S. Morales in Portsmouth (VA)
—P. Dehghani-Tafti in Arlington (VA)
DOJ's Oregon case officially dismissed: Yesterday, the judge called a hearing to require DOJ to explain how AG Bondi's weekend demand for MN's voter data in exchange for ICE leaving impacts the OR case. The judge's prior "tentative" dismissal is now final, though an opinion is still forthcoming. 15/
To learn more about states’ powers in this moment, check out our checks on federal overreach pieces, including on state prosecutions of federal officials and on DOJ’s efforts to access state voter rolls (which Bondi raised in her MN letter yesterday) statedemocracy.law.wisc.edu/research-exp...
It seems timely to re-re-up this crystal clear Nov. 2025 @lawfaremedia.org article explaining precisely when federal officers can and cannot be criminally prosecuted by state authorities. It's by @bgodar.bsky.social of Univ of Wisconsin
www.lawfaremedia.org/article/are-...
DHS has shot 12 people during immigration enforcement operations since September:
BREAKING: Trump-appointed judge blocks FBI/DOJ/DHS from destroying or altering evidence related to shooting of Alex Pretti by Border Patrol agent in Minneapolis. Judge Eric Tostrud grants TRO & sets Monday hearing. storage.courtlistener.com/recap/gov.us... Earlier: www.politico.com/news/2026/01...
BREAKING: MN Bureau of Criminal Apprehension & Hennepin DA file fed lawsuit dmeanding immediate access to federal evidence in DHS agent's deadly shooting of observer during immigration enforcement operation Sat. Doc: storage.courtlistener.com/recap/gov.us... Earlier: www.politico.com/news/2026/01...
The Star Tribune reports that federal agents "attempted to order local police from the scene" where a man was shot and killed by feds this morning, but Minneapolis Police Chief Brian O’Hara refused and "instructed his officers to preserve the scene."
Great resource from @derekclinger.bsky.social tracking all the DOJ lawsuits seeking states' voter data. Today, a GA district court dismissed one case, finding it was filed in the wrong court. Last week, a CA district court dismissed another case on the merits.
BREAKING: Immigration officers are asserting sweeping power to enter homes without a judge’s warrant, a memo obtained by AP says.
Incredible resource! My state supreme court clerkship was an absolutely incredible experience, but the process of getting it was incredibly confusing. This resource is the type of thing I dreamed of when I was a 2L!
Do ICE Officers Have Immunity?
@hannarosin.bsky.social interviews @bgodar.bsky.social of @uwlawdemocracy.bsky.social for @theatlantic.com: "There are several cases where federal courts have recognized that federal officers do not have absolute immunity." www.theatlantic.com/podcasts/202...
President Trump is threatening to use the Insurrection Act to deploy military to Minnesota. To learn more about the act and its limits, check out this explainer from @brennancenter.org
1/ Starting a thread to track the DOJ voter data litigation as courts begin hearing these cases. So far, DOJ has sued 23 states + DC for refusing to hand over sensitive voter data like SSNs and driver's license numbers.
My full analysis: statedemocracy.law.wisc.edu/featured/202...
Minnesota v. Noem caption
BREAKING: Minnesota, Minneapolis, and St. Paul sue Noem and others over DHS immigration enforcement surge in Minnesota, seeking TRO to block the surge and stop unlawful actions detailed in the complaint.
The MN Bureau of Criminal Apprehension said Thursday that the FBI had taken over the investigation. “The FBI informed the BCA that the U.S. Attorney’s Office had reversed course: the investigation would now be led solely by the FBI,” the BCA said in a statement. www.startribune.com/ice-raids-mi...
The Hennepin County Attorney's Office said yesterday that they have jurisdiction to bring charges and will wait for the investigation to play out before making any charging decisions: apnews.com/live/minneap...
Wrote a piece for @slate.com explaining that states have a long history of prosecuting federal officers when they allegedly use excessive force. Federal officers are only immune from such prosecutions when they act reasonably in carrying out lawful duties.
Might be a good time to re-up this @lawfaremedia.org piece by @bgodar.bsky.social
www.lawfaremedia.org/article/are-...
In case you're wondering, yes, states can prosecute federal officials if they act beyond the scope of their duties, violate federal law, or behave in an egregious or unwarranted manner. More info here: statedemocracy.law.wisc.edu/featured/202...
All fifty states have laws criminalizing various forms of corruption. While many are limited to state and local officials, a few states' laws expressly cover federal officials too, potentially offering a pathway for addressing federal corruption.