Monday, July 18, 2022

Judging in Times of Crisis

                                  


Washington Reviewing the Western Army, by Kemmelmeyer, Fred., 1796-99

By John R. Byrne

That's the subject of Judge Altman's forward to the recent issue of the University of Miami Law Review. He covers the role judges have played in various domestic crises, from Justice James Wilson authorizing President Washington to use force to put down the Whiskey Rebellion to Chief Justice Taney's ruling that President Lincoln's suspension of the writ of habeas corpus--done to facilitate the seizure of a confederate sympathizer--was unconstitutional. Most relevant to our district, he discusses how the COVID-19 pandemic posed its own set of challenges to the judiciary, including how to resolve whether the Court's suspension of grand-jury proceedings meant that defendants indicted after the expiration of the statute of limitations must have those indictments dismissed (Judge Altman and Judge Ruiz held "no" and Judge Middlebrooks "yes"). The Eleventh Circuit is set to weigh in on that issue soon. Interesting read!

No comments: