Thursday, February 19, 2026

Recent developments

1) The group Protect Democracy has drafted a Model Universal Constitutional Remedies Act, a uniform converse-§ 1983 statute that all states can adopt. (Akin to the UCC). The main text copies § 1983, defining under color as under the law of any government. It also codifies several non-textual pieces of § 1983 (immunity, statutes of limitations, attorney's fees).

2) A fun judicial immunity puzzle: A retired state trial judge was temporarily reappointed to the bench for a one-year term. When word of the judge's pro-MAGA pre-appointment speech got out and a pressure campaign began, the Illinois Supreme Court vacated the appointment. The judge has sued the justices, alleging violations of due process and the First Amendment. Given our discussion of judicial immunity, note the remedies sought. Should judicial immunity apply to the damages claims? Note that another doctrine we will discuss later in the semester may arise in this case. Fair game for a paper.