The problem is some justices’ aversion to factfinding about their misconduct, even though factfinding is foundation of law.
July 19, 2026 at 5:51 PM
The problem is some justices’ aversion to factfinding about their misconduct, even though factfinding is foundation of law.
DOJ: Whether the Executive Branch deliberately violated a court order is a "picayune dispute over the micromanagement of immaterial factfinding."
NEW: DOJ files an emergency motion in the hopes of avoiding a noon deadline to provide more info to Judge Boasberg, in private, about deportation flights that appear to have violated the court's orders. storage.courtlistener.com/recap/gov.us...
March 19, 2025 at 1:35 PM
DOJ: Whether the Executive Branch deliberately violated a court order is a "picayune dispute over the micromanagement of immaterial factfinding."
Bibas asks whether IJ could do factfinding if the court remands it to IJ. One chance or zero. Says he'll ask Ensign if they'd agree to factfinding by IJ. ACLU says no, couldn't.
October 21, 2025 at 1:42 PM
Bibas asks whether IJ could do factfinding if the court remands it to IJ. One chance or zero. Says he'll ask Ensign if they'd agree to factfinding by IJ. ACLU says no, couldn't.
JUST IN: Insolent DOJ filing says Judge Boasberg is engaged in 'picayune dispute over the micromanagement of immaterial factfinding' & beating 'dead horse' re whether USG defied his order re deportation planes. US may invoke state secrets privilege. Doc: storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
March 19, 2025 at 1:45 PM
JUST IN: Insolent DOJ filing says Judge Boasberg is engaged in 'picayune dispute over the micromanagement of immaterial factfinding' & beating 'dead horse' re whether USG defied his order re deportation planes. US may invoke state secrets privilege. Doc: storage.courtlistener.com/recap/gov.us...
The justices seemed so appalled that someone could be disqualified based on factfinding by a state trial judge--as if people don't lose their liberty, their homes, and their children in state trial courts every day of the week.
January 6, 2026 at 4:18 PM
The justices seemed so appalled that someone could be disqualified based on factfinding by a state trial judge--as if people don't lose their liberty, their homes, and their children in state trial courts every day of the week.
“… the Court has stayed, narrowed, or vacated district court orders, often without full briefing, argument, or reasoned explanation, while treating trial judges' considered factfinding and legal conclusions as provisional placeholders to be revisited at the justices' discretion.”
I just posted my draft of this year’s Harvard Law Review #SCOTUS Foreword—“The Court Against the Courts.”
It analyzes the challenges, obstacles, and threats district courts have faced in cases involving the Trump administration—and documents how & why the Court bears responsibility for much of it:
It analyzes the challenges, obstacles, and threats district courts have faced in cases involving the Trump administration—and documents how & why the Court bears responsibility for much of it:
The Supreme Court, October 2025 Term Foreword: The Court Against the Courts
<p>The Supreme Court sits atop a judicial system on which it is deeply dependent. It lacks the capacity to superintend more than a fraction of the cases filed e
papers.ssrn.com
July 16, 2026 at 7:27 PM
“… the Court has stayed, narrowed, or vacated district court orders, often without full briefing, argument, or reasoned explanation, while treating trial judges' considered factfinding and legal conclusions as provisional placeholders to be revisited at the justices' discretion.”
In Citizens United, it was the false factfinding that the unleashed funding would be transparent, and the corrupting flood of dark money we’ve seen would not happen. The Court persists in that plain, clear error of fact, despite the dark money billions.
August 8, 2025 at 1:36 PM
In Citizens United, it was the false factfinding that the unleashed funding would be transparent, and the corrupting flood of dark money we’ve seen would not happen. The Court persists in that plain, clear error of fact, despite the dark money billions.
Something tells me that Judge Boasberg will not agree that this is "a picayune dispute over the micromanagement of immaterial factfinding," nor that his requests for information "have no bearing on any legal issue at stake in the case." Certainly a strategy though! 😬
March 19, 2025 at 1:31 PM
Something tells me that Judge Boasberg will not agree that this is "a picayune dispute over the micromanagement of immaterial factfinding," nor that his requests for information "have no bearing on any legal issue at stake in the case." Certainly a strategy though! 😬
hey fellas, do think calling the judge's work "a picayune dispute over the micromanagement of immaterial factfinding" helps with the court or is it better when you say the judge has a "complete misunderstanding" of the law?
March 19, 2025 at 4:08 PM
hey fellas, do think calling the judge's work "a picayune dispute over the micromanagement of immaterial factfinding" helps with the court or is it better when you say the judge has a "complete misunderstanding" of the law?
On this particular day in September 1995, Bob Dornan was on the floor of Congress giving his “Report of a Factfinding Trip to Vietnam”. Routine stuff about Vietnam, U.S. veterans, overseas military bases, etc.
But then he pivoted.
28/
But then he pivoted.
28/
July 16, 2025 at 6:08 PM
On this particular day in September 1995, Bob Dornan was on the floor of Congress giving his “Report of a Factfinding Trip to Vietnam”. Routine stuff about Vietnam, U.S. veterans, overseas military bases, etc.
But then he pivoted.
28/
But then he pivoted.
28/
send noah smith on a permanent factfinding mission to karabakh to see if his takes become more useful there
December 1, 2024 at 5:23 PM
send noah smith on a permanent factfinding mission to karabakh to see if his takes become more useful there
Whoa. Justice Jackson's dissent is 🔥
This should be required reading in all public high schools. Seriously.
"from its lofty perch far from the facts or the evidence, this Court lacks the capacity to fully evaluate, much
less responsibly override, reasoned lower court factfinding"
And much more
This should be required reading in all public high schools. Seriously.
"from its lofty perch far from the facts or the evidence, this Court lacks the capacity to fully evaluate, much
less responsibly override, reasoned lower court factfinding"
And much more
July 9, 2025 at 1:02 PM
Whoa. Justice Jackson's dissent is 🔥
This should be required reading in all public high schools. Seriously.
"from its lofty perch far from the facts or the evidence, this Court lacks the capacity to fully evaluate, much
less responsibly override, reasoned lower court factfinding"
And much more
This should be required reading in all public high schools. Seriously.
"from its lofty perch far from the facts or the evidence, this Court lacks the capacity to fully evaluate, much
less responsibly override, reasoned lower court factfinding"
And much more
NEW: Judge Boasberg says he'll give DOJ one more day to produce the information he asked for by noon, "although their grounds for such request at first blush are not persuasive" storage.courtlistener.com/recap/gov.us...
March 19, 2025 at 3:53 PM
NEW: Judge Boasberg says he'll give DOJ one more day to produce the information he asked for by noon, "although their grounds for such request at first blush are not persuasive" storage.courtlistener.com/recap/gov.us...
I’m not kidding when I say paragraph-by-paragraph. He must have ranted for forty-five minutes. His “Report Of A Factfinding Trip” goes on for 5,000 more words—entirely consumed with the filth and depravity that was Newsweek Magazine.
You can read it yourself:
www.congress.gov/104/crec/199...
31/
You can read it yourself:
www.congress.gov/104/crec/199...
31/
www.congress.gov
July 16, 2025 at 6:23 PM
I’m not kidding when I say paragraph-by-paragraph. He must have ranted for forty-five minutes. His “Report Of A Factfinding Trip” goes on for 5,000 more words—entirely consumed with the filth and depravity that was Newsweek Magazine.
You can read it yourself:
www.congress.gov/104/crec/199...
31/
You can read it yourself:
www.congress.gov/104/crec/199...
31/
Yes, an absurd sleight of hand. Of course they had partisan goals! Showing whether a partisan goal was achieved through racial means is the thing district court factfinding is for. Why bother otherwise?
Among the litany of problems with SCOTUS's decision to stay the Texas map: the majority never acknowledges that "the" partisan impetus to adopt the map as a whole does not in any way preclude the improper use of race as a means to get there.
Which is exactly what the trial court found. In detail.
Which is exactly what the trial court found. In detail.
December 5, 2025 at 12:04 AM
Yes, an absurd sleight of hand. Of course they had partisan goals! Showing whether a partisan goal was achieved through racial means is the thing district court factfinding is for. Why bother otherwise?
This filing is, in my humble opinion, Rule 11 sanctionable.
March 19, 2025 at 1:30 PM
This filing is, in my humble opinion, Rule 11 sanctionable.
Building on this: telling an AI to do the legwork of research, factfinding, reference, and case-building leaves no room for questioning the very premise that legwork is building toward
can’t count the number of times I’ve arrived at a conclusion much better than I originally intended simply by writing. having the hazy outline of an idea and then foisting the rest onto a machine means you never get there. worse, you never develop the instincts or faculties necessary to get there
April 3, 2026 at 7:07 PM
Building on this: telling an AI to do the legwork of research, factfinding, reference, and case-building leaves no room for questioning the very premise that legwork is building toward
In Shelby County, it was the false factfinding that things had changed such that the Voting Rights protection at issue was no longer necessary, even though Congress had found the exact opposite facts after a lengthy, bicameral, bipartisan process.
August 8, 2025 at 1:36 PM
In Shelby County, it was the false factfinding that things had changed such that the Voting Rights protection at issue was no longer necessary, even though Congress had found the exact opposite facts after a lengthy, bicameral, bipartisan process.
This. And it applies to more than just the birthright citizenship EO. The SCOTUS majority keeps allowing Trump's lawless actions to proceed during litigation, most often without any explanation, and despite hundreds of pages of factfinding and analysis in the lower courts that SCOTUS just ignores.
Why are the courts having to slog through so much federal litigation over Trump’s executive order? Because the far-right majority on the U.S. Supreme Court has refused to shut it down.
Courts Keep Smacking Down Trump’s Lawless Attempt to End Birthright Citizenship
But he keeps plugging away—believing his allies on the Supreme Court will ultimately side with him.
www.thebulwark.com
October 7, 2025 at 8:33 PM
This. And it applies to more than just the birthright citizenship EO. The SCOTUS majority keeps allowing Trump's lawless actions to proceed during litigation, most often without any explanation, and despite hundreds of pages of factfinding and analysis in the lower courts that SCOTUS just ignores.
Sure. But when the judge does factfinding, it still doesn't affect the law.
Does a test case just give a non-binding opinion on whether the code worked or not?
Does a test case just give a non-binding opinion on whether the code worked or not?
April 11, 2026 at 12:05 AM
Sure. But when the judge does factfinding, it still doesn't affect the law.
Does a test case just give a non-binding opinion on whether the code worked or not?
Does a test case just give a non-binding opinion on whether the code worked or not?
literally so funny people are just rawdog posting the un factfinding report on us warcrimes in the nl subreddit
September 20, 2026 at 1:08 AM
literally so funny people are just rawdog posting the un factfinding report on us warcrimes in the nl subreddit
NEW: DOJ files an emergency motion in the hopes of avoiding a noon deadline to provide more info to Judge Boasberg, in private, about deportation flights that appear to have violated the court's orders. storage.courtlistener.com/recap/gov.us...
March 19, 2025 at 1:29 PM
NEW: DOJ files an emergency motion in the hopes of avoiding a noon deadline to provide more info to Judge Boasberg, in private, about deportation flights that appear to have violated the court's orders. storage.courtlistener.com/recap/gov.us...
voluntary subpoenas will surely compel the gentlemen of ICE/CBP to comply with our modest requests at factfinding
February 5, 2026 at 3:11 AM
voluntary subpoenas will surely compel the gentlemen of ICE/CBP to comply with our modest requests at factfinding
just got the update that our union has gone into factfinding, which is the last step before potential strike
September 15, 2026 at 7:13 PM
just got the update that our union has gone into factfinding, which is the last step before potential strike
Northerners used to take factfinding trips to the South before the Civil War and they would be shocked by the poverty, even among the poor white people. Republicans love the Confederacy.
dems are still operating on a paradigm where politicians on both sides are assumed to be working to make their states and constituents richer. today's republicans are trying to make everyone poorer because their ideology is to crush the labor market as part of The Plot to Enslave America.
Biden “White House officials & outside analysts touted job creation linked to IRA investments in GOP districts & states as a tangible benefit of the law that would make it politically impossible to overturn.”
Yet here we are, with the GOP on the verge of killing virtually every element of the IRA.
Yet here we are, with the GOP on the verge of killing virtually every element of the IRA.
June 28, 2025 at 11:42 PM
Northerners used to take factfinding trips to the South before the Civil War and they would be shocked by the poverty, even among the poor white people. Republicans love the Confederacy.