February 24, 2026

In what could easily be mistaken for a strategic performance rather than a sober legal opinion, Judge Lawrence VanDyke of the Ninth Circuit has stirred the pot with a dissent that seems less about the law and more about catching former President Donald Trump's eye for a possible Supreme Court nomination. With Justice Samuel Alito rumored to be considering retirement, VanDyke’s dissent has taken a tone that resonates strongly with Trump's base, complete with sharp rhetoric and an overt disdain for current judicial practices regarding immigration.
The case in question involved a Peruvian family seeking to stay in the United States while their legal proceedings were underway. Instead of a nuanced legal argument, VanDyke opted for a theatrical critique of his colleagues, creating a fictional "Circuit of Wackadoo" where everything is ostensibly perfect except for the judges’ purportedly lax approach to immigration stays. This facetious narrative culminated in a comparison to a judicial Oprah Winfrey, indiscriminately handing out stays of deportation.
VanDyke's dissent does not aim to persuade or deliberate but to provoke. It caricatures the serious implications of immigration proceedings, treating them as fodder for a broader political statement aimed at pleasing a particular audience. This approach has led to criticisms that VanDyke is using his judicial platform not as a means to contribute to the law but as a stepping stone for higher ambitions within the conservative political landscape.
The overtly partisan nature of the dissent is particularly striking given the judiciary's expected role as an impartial arbiter of the law. VanDyke’s dissent veers away from legal analysis into the realm of political theater, signaling a concerning trend where judicial opinions are crafted as media soundbites rather than reflective legal reasoning.
This kind of judicial conduct raises questions about the future direction of the judiciary, particularly if such behavior is rewarded with higher appointments. As the line between law and politics continues to blur, the integrity of the judicial system could be undermined, turning courts into arenas for ideological showmanship rather than institutions of justice.