United States v. Florida

By Jordi C. Martínez-Cid

Yesterday the Eleventh Circuit issued an opinion, authored by Judge Jordan, generally upholding Judge Middlebrooks' trial rulings and broad permanent injunction in favor of the Federal Government. Judge Middlebrooks essentially found that Florida’s Medicaid Agency violates Title II of the American with Disabilities Act ("ADA") by unnecessarily institutionalizing children with medical needs and placing others at a serious risk of institutionalization. Judge Brasher dissented, arguing that the serious risk identified by the trial court does not constitue a concrete violation of the ADA. Interestingly, Judge Brasher concludes that "It seems likely to me that, somewhere in Florida, there is a child with serious medical needs who has a strong Olmstead claim" but that the majority's opinion does not vindicate that child's rights and does not necessarily prevent the harm in the future. The opinion and dissent can be found here.

Breaking -- Judge Jeffrey Kuntz nominated to SDFLA.

From DJT's Truth Social post:

It is my Great Honor to nominate Jeffrey Kuntz to serve as Judge on the United States District Court for the Southern District of Florida. As the Highly Respected Chief Judge of Florida’s Fourth District Court of Appeal, Jeffrey has been TOUGH and SMART, and delivered strong results for the Sunshine State. A proud graduate of Boston College, who earned his J.D. at Suffolk University Law School, Jeffrey has demonstrated his commitment to the Rule of Law throughout his career. He will always defend our Great Constitution, and put our Country, FIRST. Congratulations Jeffrey!

Making History

By John R. Byrne

Yesterday, the Court hosted its first ever Women's History Month event, and it didn't disappoint. Judge Williams moderated a discussion with the panelists. A recurring theme was that the panelists grew up in families with strong women who encouraged them to pursue their dreams. 

A nice moment was when the panelists were asked about female lawyers or judges who had inspired them. Judge Becerra said that, though she had aspired to be a judge when she was a young lawyer, it took her seeing someone with a background like hers reach the bench to believe her dream was attainable. That judge? Her fellow panelist, Chief Judge Altonaga.

Of all the panelists, former judge Rosemary Barkett seemed to have the most fun (and delivered some great laugh lines).

Pictured from left to right: Rosemary Barkett, Magistrate Judge Detra Shaw-Wilder, Chief Judge Altonaga, Tiffani Lee of Holland & Knight, Judge Kathleen Williams, Judge Robin Rosenbaum, and Judge Jaqueline Becerra.

Looking to Hire a Federal Law Clerk?

By John R. Byrne

As more and more national law firms open up shops in Miami, the market for hiring federal law clerks is more competitive than ever. If only there was a convenient place where said law clerks might congregate one evening to be pitched by prospective employers. Wait--there is! Each year, the Federal Bar Association puts on a Law Clerk Reception. This year, it's being held on April 16, 2026 at the Gunster law firm in Fort Lauderdale between 6 and 8 p.m. More details here.

Tom Goldstein moves for JOA

The federal criminal justice system is so messed up -- there are no motions for summary judgment.  There are no depos.  So if you want to get rulings about the validity of a case, you pretty much have to go to trial and risk a sentence 5x as long as if you plead.  It's so wrong in so many ways.  

This leads us to SCOTUSblogger's Tom Goldstein's motion for judgment of acquittal.  Bloomberg covers it here:

Tom Goldstein, the US Supreme Court advocate and ultra high-stakes poker player convicted of tax and loan-related offenses in late February, is asking the judge who presided over the six-week trial to toss the jury’s verdict.

Goldstein’s motion for acquittal or, in the alternative, a new trial challenges, among other things, the court’s jury instructions on accessory liability and willful blindness. It was filed Monday in the US District Court for the District of Maryland.

The error in the instructions on accessory liability alone requires a retrial on every every count, Goldstein claims. General “charging instructions” failed to advise the jury that aiding and abetting liability required finding another guilty principal; willful conduct by Goldstein; and an affirmative act, not merely an omission, the motion says.

The instructions also failed to advise the jury that finding him guilty for causing “an act that would be an offense if directly performed by him or another” required it to find that Goldstein intended that the substantive offenses be committed.

Further, Judge Lydia Kay Griggsby granted the government’s request to eliminate the accessory instructions detailing aiding and abetting requirements after the parties delivered their closing arguments. It’s a violation of a procedural rule that Goldstein says was “undoubtedly prejudicial” in this case.

Doing so “changed accessory liability from essentially a non-issue in the case to a serious basis on which to convict,” the motion argues. If defense counsel had known the jury would be permitted to find accessory liability without finding that some other principal committed every element of the substantive offense, they would have taken the issue on at closing, the motion said.

Cafecitos on Capitol Hill

 By John R. Byrne

Each year, the Federal Bar Association heads to Capitol Hill to talk to lawmakers about issues facing our federal judges. The focus this year was an increase in funding for judicial security and getting more judgeships to deal with the rising caseload. The judgeships issue is somewhat of a political football--neither party wants the other one to get to fill the first set of new ones. So, we discussed another solution, increasing the amount of controversy for federal diversity cases. Congress, apparently, is toying with the idea of $150,000 or even, possibly, $500,000. Stay tuned.

An issue that wasn't controversial? The naming of the new federal courthouse in Broward. The plan is to introduce a bill to name it after Judge Dimitrouleas and all the staffers and reps we spoke with were enthusiastically on board with the dedication (and that was even after lawyer Oliver Ruiz spelled Judge D's entire name for the staffers). The bill, which Congresswoman Debbie Wasserman Schultz is taking the lead on, could be introduced very soon.

One of the day's highlights was Congressman Carlos Gimenez, Congress's only Cuban-born representative, serving the Miami contingent his special brand of cafecito (pictured above). Best one I've ever had. Must be his secret weapon when trying to swing votes. 

Report from the Rivera Trial

By John R. Byrne

I couldn't stop by the King building to catch the action myself. But a few SDFLA blog "special correspondents" were on the scene and reported the following:

AUSA Harry Schimkat's direct examination of Secretary Rubio was well-done--"concise, direct, efficient, and organized." It also produced some moments of levity. Take the following:

Question:  "Sir, are you employed?" (Laughter)

Answer: “Yes, I actually have two jobs. Secretary of State of the United States of America and National Security Advisor for the President of the United States." (More laughter) 

Later, Secretary Rubio testified that he served as a U.S. Senator for Florida until he was confirmed by the Senate as Secretary of State “99-0.” That prompted this line from Judge Damian: “Better than me.” (Laughter again)

On cross, defense attorneys scored some points too. In response to questioning from David Markus, Rubio agreed that Esther Nuhfer, Rivera's co-defendant, was "trustworthy," "acted in good faith," was "generous as a person," and was "strongly opposed to socialism in Venezuela." And, more specific to the charges, Rubio agreed that Nuhfer never lobbied him for anything. Jay Weaver for the Herald covers it here.

Still a lot more to come in this case. But yesterday made some history. According to Newsweek, Secretary Rubio is the first sitting member of the president's Cabinet to testify in a criminal trial in 43 years. The last one? Labor Secretary Raymond Donovan, who testified at a mafia trial in 1983.

Secretary of State Testifies Today

By John R. Byrne

We have a Secretary of State testifying this morning. Marco Rubio will be at the King building to testify in the trial of David Rivera. Rivera is accused of unregistered lobbying for the Venezuelan government during the first Trump administration. David Markus and Ed Shohat for the defense. CBS covers it here. This has to be the first time a sitting Secretary of State has testified in a SDFLA trial, but maybe one of our SDFLA historians will say otherwise.

I hear space in Judge Damian's courtroom is at a premium, so good luck to those trying to get a seat.