Even "Trumpy Judges" and "Woke Judges" Might Know More Law Than You Do

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Cite

Volokh, E. (2026, October 29). Even "Trumpy Judges" and "Woke Judges" Might Know More Law Than You Do. Reason. https://reason.com/volokh/2026/10/29/even-trumpy-judges-and-woke-judges-might-know-more-law-than-you-do/

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Reason · collected 2026-10-29 · by Eugene Volokh

Quick Summary

The author discusses skepticism towards judges and emphasizes that despite biases or political leanings, federal judges are typically well-trained and knowledgeable about legal matters. The post critiques a comment on another blog entry where a commenter dismisses a judge's ruling as biased without understanding the legal context. The author points out that the judge's decision correctly applies current legal standards rather than outdated ones, highlighting the importance of recognizing judicial expertise even when disagreeing with their rulings.
Written by AI on 2026-11-01, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Story summary

Eugene Volokh of Reason Magazine argues in a recent article that despite skepticism towards judges, particularly those labeled as "woke" or "Trumpy," federal judges are generally well-trained and knowledgeable about their subject matter. He notes that while judges can make mistakes due to human error or bias, they typically possess expertise in legal analysis, often surpassing non-specialists. This perspective was prompted by a comment on the Eric Coomer case involving Dominion Voting, where Volokh emphasizes the importance of considering judges' professional qualifications rather than their perceived political leanings.

Written for “Judges Knowledge Debated” on 2026-11-01, grounded in this article and the 0 other(s) covering the same event.
Why this leaning score
The article's own words the score was based on. Each is quoted verbatim and was checked against the article text before being stored, so you can find it in the original.
Reading Leans left (beta estimate) Confidence high 1 quote(s) discarded as not found in the article
Leaning: leans left for article 115644 (high confidence, 4 verified quotes) · logged 2026-11-01

Story

📰 Judges Knowledge Debated
Crime & Law · 1 article(s) covering the same event.

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Signals How these are calculated →

Claims extracted
25
sentences that state something as happening or true
Uncertain
4%
1 of 25 hedged ("reportedly", "may", "according to")
Leaning
Leans left
of the writing, not the subject · beta estimate
Publisher signals
67/100
Reason's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
1
Crime & Law
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-11-01 · how these are computed

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Source leaning vs. consistency

Publisher

Reason · 1046 article(s) · 4 correction(s) detected
Running correction rate · 4 correction(s)

Who wrote this

Eugene Volokh
177 article(s) here · 1 carrying a prediction
🔮 Because "[t]he costs and efforts required to defend a lawsuit through [discovery] could chill free speech nearly as effectively as the absence of the actual malice standard altogether[,]" a public figure plaintiff must plausibly allege actual malice at the outset of the litigation.
🔮 The First Amendment forbids a State from using its investigative power that way, and I will not allow it while this case is pending.
🔮 The same logic could apply to nuns who had felt religious pressure to do the educational or nursing work that their order was known for, or to monks who had felt religious pressure to do agricultural work that supports the monastery.
2026-10-30 · assertive framing · Amicus Brief in OneTaste Criminal Prosecution
🔮 Before doing so, "he entered the coffee shop to purchase a cookie, which he hoped would be seen as a sign of goodwill."
🔮 While individuals who are the subjects of unwanted speech may be able to limit some speech directed to them, they cannot limit offensive speech about them directed to others.
🔮 Because "the conduct regulated depend[ed] on—and [could not] be separated from—the ideas communicated," Florida's law was "functionally a regulation of speech" implicating the First Amendment.
🔮 You might assume that some judge is "woke" or "Trumpy" or what have you, but there's a pretty good chance that the judge's legal analysis is still correct.
🔮 The hope would be to siphon votes away from Sullivan.
🔮 Defendants observe that Alibaba is not completely banned from appearing before the federal government—it could hire more in-house lobbyists or find a firm that is willing to forgo defense contractor clients….
🔮 Still others predicted that someone would eventually remove the context and circulate the resulting footage as though Mr. Piker had been speaking sincerely.
2026-10-27 · assertive framing · Hasan Piker Sues Scott Jennings
Also by Eugene Volokh
Open Thread
2026-10-31 · Reason
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 177 articles by Eugene Volokh →

Topics

Dominion Voting

Subjects

Sullivan PERSON · 4× Coomer PERSON · 3× Byrne PERSON · 2× Dominion Voting ORG · 1× Donald J. Trump PERSON · 1× Eric Coomer PERSON · 1× New York Times Co. ORG · 1× President, Inc. ORG · 1× St. Amant ORG · 1× Trumpy PERSON · 1×

Narrative

Thus, the issue is not whether "a reasonably prudent [person] would have published, or would have investigated before publishing," but rather whether the defendant "in fact entertained serious doubts as to the truth of [the] publication, or was highly aware of its probable falsity[.]" Coomer, 552 P.3d at 591; Diversified Mgmt., Inc. v. The Denver Post, Inc., 653 P.2d 1103. 1105-10 (Colo. 1982) (en banc); Michel v. NYP Holdings, Inc., 816 F.3d 686, 703 (11th Cir. 2016) ("[W]e ask whether the defendant, instead of acting in good faith, actually entertained serious doubts as to the veracity of the published account, or was highly aware that the account was probably false."); Dershowitz v. Cable News Network, Inc., 153 F.4th 1189, 1193 (11th Cir. 2025) ("[A]ll that matters are the speakers' subjective beliefs about the truth of their own statements."). St. Amant, cited by the court, indeed states, [The precedents] are clear that reckless conduct is not measured by whether a reasonably prudent man would have published, or would have investigated before publishing.
framing: assertive · carried by 1 article(s) · first seen 2026-11-01
🔮 You might assume that some judge is "woke" or "Trumpy" or what have you, but there's a pretty good chance that the judge's legal analysis is still correct.

Claims (25 extracted, 1 hedged)

I appreciate that many people are skeptical about judges. asserted
people → appreciate → judges
Indeed, it's good that people take with a grain of salt the statements of government officials, including judges. asserted
people → take → judges
Judges are human, and humans make mistakes and have prejudices and blind spots. asserted
humans → make → prejudices
At the same time, judges are generally quite well-trained lawyers, and know a good deal about what they're writing about. asserted
they → train → what
Conventional wisdom holds that federal judges generally are particularly well-qualified (of course, with exceptions, as is true for all institutions). asserted
judges → hold → institutions
Federal judges also generally employ quite well-qualified law clerks, who do much of the research and initial opinion drafting. asserted
who → employ → research
This means that, for all the risk of error and ideological bias, judges generally (though not always) know what they're talking about in their legal analysis. asserted
they → mean → analysis
They tend to particularly know more than non-lawyers, but also often more than lawyers who aren't specialists in the particular field. asserted
who → tend → field
You might assume that some judge is "woke" or "Trumpy" or what have you, but there's a pretty good chance that the judge's legal analysis is still correct. uncertain
analysis → assume → what
This post was prompted by a comment I saw on the Eric Coomer (of Dominion Voting) Loses Libel Lawsuit over The Deep Rig post, though this is just one example of a broader trend. asserted
this → prompt → trend
The comment quotes an excerpt from the post's excerpt of the judge's opinion: asserted
comment → quote → opinion
In short, if the law did not require "clear and convincing evidence" that the defendant subjectively doubted or disbelieved the published statements, it is likely that Byrne's motion for summary judgment would have been denied, and a jury would have had the opportunity to weigh in on this matter. asserted
jury → require → matter
However, under the law as it currently stands, Coomer's evidence is insufficient to meet these standards and summary judgment for Byrne is therefore required…. asserted
judgment → stand → Byrne
The comment then says, "Trumpy judge who apparently didn't bother to read Sullivan, which states" (emphasis added by commenter), The constitutional guarantees require, we think, a federal rule that prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with "actual malice" — that is, with knowledge that it was false or with reckless disregard of whether it was false or not. And the comment continues, "Seems like this is ripe for appeal. asserted
this → say → appeal
This Trumpy judge seems to think the current precedent requires that the defendant 'subjectively doubted or disbelieved the published statements,' when Sullivan has a looser standard." asserted
Sullivan → seem → standard
The trouble with the commenter's analysis is that Sullivan was of course not the last word on the subject—as the judge knew. asserted
judge → know → subject
Indeed, if one searches for "subjective" in the judge's opinion, one sees a longish passage citing authority supporting the judge's analysis: Actual malice requires proof that the defendant published the challenged statement with knowledge of its falsity or with reckless disregard for whether it was false. asserted
it → search → disregard
Thus, the issue is not whether "a reasonably prudent [person] would have published, or would have investigated before publishing," but rather whether the defendant "in fact entertained serious doubts as to the truth of [the] publication, or was highly aware of its probable falsity[.]" Coomer, 552 P.3d at 591; Diversified Mgmt., Inc. v. The Denver Post, Inc., 653 P.2d 1103. 1105-10 (Colo. 1982) (en banc); Michel v. NYP Holdings, Inc., 816 F.3d 686, 703 (11th Cir. 2016) ("[W]e ask whether the defendant, instead of acting in good faith, actually entertained serious doubts as to the veracity of the published account, or was highly aware that the account was probably false."); Dershowitz v. Cable News Network, Inc., 153 F.4th 1189, 1193 (11th Cir. 2025) ("[A]ll that matters are the speakers' subjective beliefs about the truth of their own statements."). St. Amant, cited by the court, indeed states, [The precedents] are clear that reckless conduct is not measured by whether a reasonably prudent man would have published, or would have investigated before publishing. asserted
man → publish → court
There must be sufficient evidence to permit the conclusion that the defendant in fact entertained serious doubts as to the truth of his publication. asserted
defendant → permit → publication
Publishing with such doubts shows reckless disregard for truth or falsity and demonstrates actual malice. asserted
Publishing → publish → malice
Gertz v. Robert Welch, Inc. (1974) expressly quotes this passage as the Court having "equated reckless disregard of the truth with subjective awareness of probable falsity." asserted
Court → quote → falsity
The judge in the Coomer / Deep Rig case, whether you view him as "Trumpy" or not, knew the law here, and the commenter (who had elsewhere said he wasn't a lawyer) didn't seem to. asserted
he → view → law
But don't assume that just because you know one precedent in the field you know the law better than the judge. asserted
you → assume → judge
Don't assume that just because you think the judge has some ideological bias, that ideological bias has led the judge into legal error. asserted
bias → assume → error
And if you have some skepticism about the judge's analysis, check the sources that the judge cites in the full opinion; my posts usually just excerpt the opinion, and often don't include citations, but they generally link to the full opinion so readers can consult it directly. asserted
readers → have → it
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