2026
is
not
a
great
time
to
be
a
government
lawyer.
They’re
just
getting
HAMMERED
by
judges
—
over
and
over
and
over
and
over
and
over
again
—
for
shoddy
litigation
practices
and
outlandish
legal
arguments.
And
maybe
this
is
hard
to
believe,
but
it’s
happening
again!
Judge
Roy
Dalton
Jr.
of
the
Middle
District
of
Florida
is
making
it
abundantly
clear
that
lawyers
pretending
inconvenient
law
simply
doesn’t
exist
just
doesn’t
cut
it
in
federal
court.
Dalton
issued
a
snippy
order
warning
U.S.
Attorney
Gregory
Kehoe
and
Assistant
U.S.
Attorney
Joy
Warner
that
sanctions
may
be
coming
their
way.
The
underlying
case
involves
one
of
the
many
habeas
petitions
challenging
the
Trump
administration’s
aggressive
position
that
nearly
all
noncitizens
are
subject
to
mandatory
detention
with
no
bond
hearing.
Dalton
made
clear
that
the
government
is
allowed
to
push
an
unpopular
legal
theory.
What
they
can’t
do
is
wish
away
contrary
authority.
“The
government
is
free
to
advance
an
unpopular
legal
theory,”
Dalton
wrote,
“but
its
lawyers
must
make
those
arguments
in
a
way
that
comports
with
their
professional
obligations.”
“Cite
the
contrary
binding
authority
and
argue
why
it’s
wrong.
Don’t
hide
the
ball.
Don’t
ignore
the
overwhelming
weight
of
persuasive
authority
as
if
it
won’t
be
found,”
he
admonished.
He
continued
with
this
bodyblow
of
a
line,
“And
don’t
send
a
sacrificial
lamb
to
stand
before
this
Court
with
a
fistful
of
cases
that
don’t
apply
and
no
cogent
argument
for
why
they
should.”
That’s…
gotta
smart.
The
government
has
until
by
February
9th
to
explain
why
they
shouldn’t
be
sanctioned,
maybe
they
can
argue
this
scathing
order
was
punishment
enough.
Kathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of
The
Jabot
podcast,
and
co-host
of
Thinking
Like
A
Lawyer.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email
her
with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter
@Kathryn1 or
Mastodon
@[email protected].