Is John Roberts a Closeted Never-Trumper? Reading Between the Lines of the Chief Justice’s Year-End Report

MICHAEL C. DORF

Cornell law professor Michael C. Dorf offers one interpretation of Chief Justice John Roberts’s annual year-end report on the federal judiciary—that the Chief Justice intends to serve as a modest counterbalance to President Trump. Dorf supports his interpretation with text and context of the year-end report but offers his cautious praise to the Chief Justice with a few important caveats as well.

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Paez v. Secretary, Florida Department of Corrections

Docket: 16-15705

Opinion Date: January 7, 2020

Judge: Per Curiam

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Eleventh Circuit published this opinion in place of its previous opinion, which was vacated by order of the court. The court affirmed the district court's dismissal of a 28 U.S.C. 2254 petition for habeas relief, holding that a district court may, on its own initiative and without hearing from the State, decide that the statute of limitations bars the petition. In this case, petitioner was provided ample notice and opportunity to explain why his petition was timely in his form petition and again when he was given the opportunity to respond to the magistrate judge's Report and Recommendation that his petition be summarily dismissed as untimely. Furthermore, the Secretary was notified of the court's action, had an opportunity to respond, and remained silent. No one contests that the petition was untimely and the State has never indicated a desire to waive the limitations bar. Therefore, the district court did not abuse its discretion in dismissing the petition.

Sconiers v. FNU Lockhart

Docket: 16-16954

Opinion Date: January 7, 2020

Judge: Rosenbaum

Areas of Law: Civil Rights, Constitutional Law

Plaintiff filed suit alleging that, during a purported disciplinary encounter with Defendant Lockhart, he pulled down plaintiff's pants and forcefully penetrated plaintiff's anus with his finger. The district court relied on Boxer X v. Harris, 437 F.3d 1107 (11th Cir. 2006), to dismiss plaintiff's claims. The Eleventh Circuit held that the district court improperly resolved material issues of fact—two relating to the sexual-assault claim and two to the takedown and pepper-spray claims. The court held that, although Boxer X's holding that "severe or repetitive sexual abuse of a prisoner by a prison official can violate the Eighth Amendment," remains good law, Wilkins v. Gaddy, 559 U.S. 34, 37 (2010), clarified that courts cannot find excessive force claims not "actionable" because the prisoner did not suffer "more than de minimis injury." Therefore, Wilkins partly abrogated Boxer X. In this case, the court held that plaintiff presented sufficient evidence on summary judgment to establish both parts of a post-Wilkins Eighth Amendment claim. Accordingly, the court vacated the portion of the district court's judgment granting summary judgment to Lockhart; affirmed in part, and remanded.