UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone examine the federal district court’s rulings on Judge James R. Brown’s lawsuit against Illinois Supreme Court Justices who terminated his recall appointment allegedly in retaliation for partisan public statements. While Professors Amar and Mazzone find the court’s bottom-line decisions to abstain and deny a preliminary injunction defensible, they argue the court’s reasoning was seriously flawed—particularly its cursory abstention analysis, its logically inverted First Amendment irreparable-harm rationale, and its mistaken treatment of a stay as functionally equivalent to a dismissal on qualified immunity grounds.

























