Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Matt Schwartz at the New York Times interviewed Judge Patrick Schiltz and six of his colleagues from the District of Minnesota.
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Schwartz → interview → Minnesota
I have a few reflections.
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I → have → reflections
First, while Schiltz is named and quoted at length, it appears that only a few of the other six were quoted on the record.
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few → name → record
I think it is problematic when federal judges talk to reporters "off the record."
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judges → think → record
Article III judges are afforded lifetime tenure precisely because they should be able to voice their opinions.
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they → afford → opinions
One of the judges admitted as much:
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One → admit → much
"We are allowed to speak out about judicial independence," said Judge Nancy E. Brasel, whom Mr. Trump appointed in 2018.
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Trump → allow → 2018
"And so we should, in order to keep it."
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we → keep → it
Of course, judges are supposed to voice their opinions in, well, judicial opinions, not the New York Times.
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judges → suppose → opinions
Judges should resist the urge to speak to reporters, especially without putting their names to the quotation.
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Judges → resist → quotation
Some of these interviews very well may violate the canons of judicial ethics.
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Some → violate → ethics
By hiding behind anonymity, the public--and litigants in particular--may not be aware of whether a motion to recuse is appropriate.
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motion → hide → anonymity
A spokesperson from DOJ said "suggested that they [should] consider recusing themselves if they 'have made public comments on pending or related matters.'"
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they → say → matters
But how will anyone know what was said?
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what → know → ?
Second, the article mentions repeatedly that Judge Schiltz clerked for Justice Scalia.
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Schiltz → mention → Scalia
It appears that then-Judge Scalia hired Schiltz as a law clerk, and then brought him to the Supreme Court after his confirmation.
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Scalia → appear → confirmation
The unstated subtext is that even a conservative judicial appointee rules against Trump.
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appointee → rule → Trump
But the fact that Schiltz clerked for Scalia doesn't tell us much of anything.
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Schiltz → clerk → anything
Ed Whelan, a friend and fellow Scalia clerk, interviewed Schiltz back in May 2026.
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Whelan → interview → May
The takeaway, from my perspective, is that Schiltz had no public conservative bona fides at Harvard Law School.
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Schiltz → have → School
Judges Ruth Bader Ginsburg and Harry Edwards were ready to hire him, but Scalia did so first.
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Scalia → hire → him
Moreover, there are several Scalia clerks (not the counter-clerks), as well as Thomas and Alito clerks, who turned out to be not-so-conservative.
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who → be → ?
Schiltz might have become a remarkable judge, but his first job out of law school is a non sequitur.
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job → become → school
We need to stop pretending that an employment decision made when a person is about 25 years old defines who they are for the rest of their life.
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they → need → life
And "close" private ties count for little.
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ties → count → little
Third, the article stresses that Schiltz has close ties to the conservative legal movement.
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Schiltz → stress → movement
He clerked for Supreme Court Justice Antonin Scalia in the 1980s and has enjoyed close ties to the conservative legal establishment for decades.
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He → clerk → decades
I had never heard of Schiltz before the recent incidents in Minnesota.
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I → hear → Minnesota
He has only ever spoken at two FedSoc events, neither of which was on a salient topic.
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neither → speak → topic
He doesn't even seem to have been active in the Minneapolis FedSoc chapter.
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He → seem → chapter
I'm sure a group of the establishment crowd can vouch that "he's solid," just like they did with John Roberts.
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they → vouch → Roberts
To paraphrase Bubba Gump, conservative is as conservative does.
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conservative → paraphrase → Gump
In candor, I meant to write this discussion about Schiltz several months ago when he was being feted by the press.
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he → mean → press
(Whelan and I corresponded at the time about Schiltz.)
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Whelan → correspond → Schiltz
I held back because I thought that the judge was thrust into the limelight, and was not doing anything to draw attention to himself.
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judge → hold → himself
He has sought out publicity and a glowing profile.
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He → seek → publicity
He is no longer just the recipient of randomly drawn cases.
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He → draw → cases
By contrast, Judge Reed O'Connor, who was subject to a hit piece by Schwartz two weeks ago, prudently declined comment.
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who → decline → comment
Judges should just say no.
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Judges → say → ?
Third, the district judges worked together and generated templates to rule against the government:
District court judges work alone, but as the number of cases ramped up, the judges recalled seeking one another's counsel, meeting regularly and consulting in running email threads.
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judges → work → threads
…and 49 more, not listed.
The Aporia
