Touro University, Jacob D. Fuchsberg Law Center, professor Rodger D. Citron compares Judge Aileen Cannon’s handling of Donald Trump's classified documents case to Judge Irving Kaufman’s controversial management of the Rosenberg espionage trial in the 1950s. Professor Citron argues that Cannon should learn from Kaufman’s mistakes and prioritize impartiality in her management of the high-profile case, warning that her current approach of favoring the defense and delaying proceedings could negatively affect her professional legacy.
Justia editor and attorney Sarah Andropoulos comments on an advisory opinion issued last year by the American Bar Association on the propriety of judges conducting internet research on issues raised by cases pending before them. Andropoulos points out that while the advisory opinion does provide guidance as to when such research is permissible, it is rooted in the nebulous concept of judicial notice, and thus leaves many questions unanswered.
Cornell University law professor Michael C. Dorf comments on an exchange during the confirmation hearing of Wendy Vitter, whom President Trump has nominated for a federal district court judgeship, in which Vitter declined to answer whether she thought Brown v. Board of Education was rightly decided. Dorf points out that Vitter’s refusal to answer that question may have been an attempt to avoid further scrutiny about her views about abortion but also served to inadvertently acknowledge what conservatives routinely deny—that a judge’s “personal, religious, and political” views necessarily interact with the legal materials.