Seven Federal Judges From Minnesota Talk To The N.Y. Times About Trump Administration

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Cite

Blackman, J. (2026, September 17). Seven Federal Judges From Minnesota Talk To The N.Y. Times About Trump Administration. Reason. https://reason.com/volokh/2026/09/17/seven-federal-judges-from-minnesota-talk-to-the-n-y-times-about-trump-administration/

Dated when The Aporia collected the article, usually within hours of publication. Check the original for its exact date and byline.

Reason · collected 2026-09-17 · by Josh Blackman

Quick Summary

Matt Schwartz from The New York Times interviewed Judge Patrick Schiltz and six other federal judges from Minnesota about their views on the Trump administration's policies. While Schiltz is quoted extensively, only a few others provided on-the-record comments. Judge Nancy E. Brasel emphasized the importance of judicial independence but also noted potential ethical concerns with off-the-record interviews. The article highlights that despite Schiltz's clerking for Justice Scalia and ties to conservative legal groups, his rulings do not necessarily align with expected conservative outcomes.
Written by AI on 2026-09-17, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Story summary

In an interview with the New York Times, Judge Patrick Schiltz and six other judges from the District of Minnesota discussed their rulings against the Trump Administration. The judges collaborated extensively, often consulting each other on case templates to rule against government actions. While Judge Nancy E. Brasel acknowledged that Article III judges should speak out about judicial independence, she also admitted this is typically done through judicial opinions rather than interviews with reporters. Some of these discussions might violate ethical guidelines for judges, raising concerns over transparency and the integrity of judicial decisions.

Written for “Federal Judges Discuss Trump Era” on 2026-11-02, grounded in this article and the 0 other(s) covering the same event.

Story

📰 Federal Judges Discuss Trump Era
Politics · 1 article(s) covering the same event.

Compared with similar articles

This article reads unscored and hedges 16% of its claims. Each row says how that neighbour differs.
Fox News
Hedges 5 of 38 claims Outlet record 69/100
“While both articles discuss interviews with Minnesota federal judges conducted by The New York Times, they appear to cover different aspects of the judges' activities and do not describe the same specific incident.”
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
89
sentences that state something as happening or true
Uncertain
16%
14 of 89 hedged ("reportedly", "may", "according to")
Leaning
withheld
no quote in the article backed the model's score
Publisher signals
67/100
Reason's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
1
Politics
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-09-17 · how these are computed

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

Reason · 1053 article(s) · 4 correction(s) detected
Running correction rate · 4 correction(s)

Who wrote this

Josh Blackman
88 article(s) here · 1 carrying a prediction
🔮 I thought it might be worthwhile to dig into the numbers a bit more.
🔮 Today the law firm of Weil Gotshal announced that it would wind down.
2026-10-28 · assertive framing · Farewell to Weil
🔮 And her unwillingness to participate in any disciplinary proceedings suggests something is amiss.
🔮 Longtime readers will recall that I took mileage runs to Singapore, Hong Kong, and Sydney to make status at the end of the year.
2026-10-28 · assertive framing · 1,000,000 Miles on United
🔮 Let's hope that people across the media industry will take Josh Blackman's criticism to heart.
2026-10-27 · assertive framing · The Wall Street Journal Praises The Old Gray Lady
🔮 New from Reason: a look into what Javier Milei has accomplished and what it will take to make the most of Argentina’s window for real change.
2026-10-26 · assertive framing · Today in Supreme Court History: October 26, 1774
🔮 ] There have been many news reports suggesting that the United States Department of Justice may pursue denaturalization proceedings against Representative Ilhan Omar.
🔮 Nevertheless, the next two decades would vastly enlarge the president's powers as Congress' authority over the executive branch would be greatly diminished.
🔮 Justice Sotomayor, Justice Gorsuch, Justice Barrett, and Justice Jackson took no part in the consideration or decision of this petition.
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Also by Josh Blackman
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 88 articles by Josh Blackman →

Topics

Article III DOJ Publius the District of Minnesota the New York Times

Subjects

Schiltz PERSON · 11× Scalia PERSON · 6× FedSoc ORG · 2× Trump PERSON · 2× the New York Times ORG · 2× Matt Schwartz PERSON · 1× Nancy E. Brasel PERSON · 1× Patrick Schiltz PERSON · 1× Publius ORG · 1× the District of Minnesota GPE · 1×

Narrative

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.
framing: assertive · carried by 1 article(s) · first seen 2026-09-17
🔮 Some of these interviews very well may violate the canons of judicial ethics.

Claims (89 extracted, 14 hedged)

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. asserted
Schwartz → interview → Minnesota
I have a few reflections. asserted
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. asserted
few → name → record
I think it is problematic when federal judges talk to reporters "off the record." asserted
judges → think → record
Article III judges are afforded lifetime tenure precisely because they should be able to voice their opinions. asserted
they → afford → opinions
One of the judges admitted as much: asserted
One → admit → much
"We are allowed to speak out about judicial independence," said Judge Nancy E. Brasel, whom Mr. Trump appointed in 2018. asserted
Trump → allow → 2018
"And so we should, in order to keep it." asserted
we → keep → it
Of course, judges are supposed to voice their opinions in, well, judicial opinions, not the New York Times. asserted
judges → suppose → opinions
Judges should resist the urge to speak to reporters, especially without putting their names to the quotation. asserted
Judges → resist → quotation
Some of these interviews very well may violate the canons of judicial ethics. uncertain
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. uncertain
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.'" uncertain
they → say → matters
But how will anyone know what was said? asserted
what → know → ?
Second, the article mentions repeatedly that Judge Schiltz clerked for Justice Scalia. asserted
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. asserted
Scalia → appear → confirmation
The unstated subtext is that even a conservative judicial appointee rules against Trump. asserted
appointee → rule → Trump
But the fact that Schiltz clerked for Scalia doesn't tell us much of anything. asserted
Schiltz → clerk → anything
Ed Whelan, a friend and fellow Scalia clerk, interviewed Schiltz back in May 2026. uncertain
Whelan → interview → May
The takeaway, from my perspective, is that Schiltz had no public conservative bona fides at Harvard Law School. asserted
Schiltz → have → School
Judges Ruth Bader Ginsburg and Harry Edwards were ready to hire him, but Scalia did so first. asserted
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. asserted
who → be → ?
Schiltz might have become a remarkable judge, but his first job out of law school is a non sequitur. uncertain
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. asserted
they → need → life
And "close" private ties count for little. asserted
ties → count → little
Third, the article stresses that Schiltz has close ties to the conservative legal movement. asserted
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. asserted
He → clerk → decades
I had never heard of Schiltz before the recent incidents in Minnesota. asserted
I → hear → Minnesota
He has only ever spoken at two FedSoc events, neither of which was on a salient topic. asserted
neither → speak → topic
He doesn't even seem to have been active in the Minneapolis FedSoc chapter. asserted
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. asserted
they → vouch → Roberts
To paraphrase Bubba Gump, conservative is as conservative does. asserted
conservative → paraphrase → Gump
In candor, I meant to write this discussion about Schiltz several months ago when he was being feted by the press. asserted
he → mean → press
(Whelan and I corresponded at the time about Schiltz.) asserted
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. asserted
judge → hold → himself
He has sought out publicity and a glowing profile. asserted
He → seek → publicity
He is no longer just the recipient of randomly drawn cases. asserted
He → draw → cases
By contrast, Judge Reed O'Connor, who was subject to a hit piece by Schwartz two weeks ago, prudently declined comment. asserted
who → decline → comment
Judges should just say no. asserted
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. asserted
judges → work → threads
…and 49 more, not listed.
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