"Federal judge lambastes amendment to rename confederate bases as 'madness'/Gets thoroughly bodied by clerk."

Headline at The Intercept.

The judge is Laurence Silberman of the D.C. Circuit.

Silberman [wrote]... that his great-grandfather had fought for the Union as part of Ulysses S. Grant’s army and was badly wounded at Shiloh, Tennessee. His great-grandfather’s brother, meanwhile, joined the Confederate States Army and was captured at Gettysburg, Pennsylvania. “It’s important to remember that Lincoln did not fight the war to free the Slaves Indeed he was willing to put up with slavery if the Confederate States Returned,” he wrote (lack of punctuation and errant capitalization in the original, and throughout). “My great great grandfather Never owned slaves as best I can tell.”

From the clerk's pushback:

[M]y maternal ancestors were enslaved in Mississippi.... [M]y ancestors would not have been involved in the philosophical and political debates about Lincoln’s true intentions, or his view on racial equality.... [Y]ou talked about your ancestors, one that fought for the confederacy and one that fought for the Union.... [N]o matter how bravely your uncle fought for the Confederacy, the foundation of his fight was a decision that he agreed more with the ideals of the Confederacy, than he did with those of the Union.

Silberman, a Reagan appointee, is 84 years old. Giving him the Medal of Freedom in 2008, President George W. Bush said:

Few men have played roles in as many memorable moments in recent American history as Laurence Silberman. He was a senior official in the Justice Department in the aftermath of Watergate, and helped to restore America's confidence in the Department. As Ambassador to Yugoslavia, he was a vigorous representative of America's values behind the Iron Curtain. He was a fierce advocate for the "peace through strength" policies that helped win the Cold War.

As a federal judge on the D.C. circuit -- often called the second-highest court in the land -- Judge Silberman has been a passionate defender of judicial restraint. He writes opinions that one colleague has described as always cutting to the heart of the matter -- sometimes to the jugular. (Laughter.) His questioning is crisp and incisive -- and at least one lawyer who was subjected to his inquiries actually fainted. (Laughter.) Judge Silberman was a particularly important influence on two other members of that court: Antonin Scalia and Clarence Thomas. When each was nominated to the Supreme Court, Judge Silberman, in typical fashion, was not sad to see them go. That's because when Scalia left the court, Judge Silberman gained seniority. And when Thomas left the court, Judge Silberman gained his furniture. (Laughter.)

In a new and dangerous era for our country, Larry Silberman has continued to answer the call to service. He served with distinction on the Foreign Intelligence Surveillance Court of Review. He took a year off from the federal bench to serve as co-chairman of a bipartisan commission on intelligence reform. And in all his work, he's remained a clear-eyed guardian of the Constitution. He continues to leave his distinctive mark in the opinions he issues, and the generations of bright and talented lawyers he has trained.

For his resolute service to the nation and his stalwart efforts to advance the cause of ordered liberty, I am proud to bestow the Presidential Medal of Freedom on Laurence H. Silberman. (Applause.)

"The judiciary is right to take seriously allegations that sitting judges are gaming their retirements at the request of politicians"

"Mitch McConnell has been clear that his top priority is packing the courts with the judges his right-wing donors want, and that he’s actively pushing judges to retire. A judge would undermine the credibility of the bench by participating in that partisan gamesmanship."

Said Democratic Senator Sheldon Whitehouse, quoted in "Appeals Court Vacancy Is Under Scrutiny Ahead of Contested Confirmation Hearing/The chief judge of the U.S. Court of Appeals for the District of Columbia Circuit publicly advanced a call by a progressive group for an ethics investigation into the circumstances of a plum vacancy" (NYT).

Was McConnell "actively pushing judges to retire"? There's a link to this NYT article from March 16th: "McConnell Has a Request for Veteran Federal Judges: Please Quit/The Senate majority leader has encouraged judges thinking about stepping down to do so soon to ensure that Republicans confirm their replacements this year." But there are no quotes from McConnell, just material like this:

Running out of federal court vacancies to fill, Senate Republicans have been quietly making overtures to sitting Republican-nominated judges who are eligible to retire to urge them to step aside so they can be replaced while the party still holds the Senate and the White House. Senator Mitch McConnell... has been personally reaching out to judges to sound them out on their plans and assure them that they would have a worthy successor if they gave up their seats soon, according to multiple people with knowledge of his actions. It was not known how many judges were contacted or which of them Mr. McConnell had spoken to directly....

I wouldn't call that "actively pushing judges to retire." And how could McConnell or anybody else "actively push" a federal judge to retire? By speaking in an especially pushy way? That wouldn't work! Is it unethical to tell a federal judge that you'll be able to expedite the confirmation of his successor? That seems to be what's going on here. McConnell's assurance that the vacancy will be quickly filled may tip the decisionmaking of a judge who doesn't want to create a vacancy that will still be around if Trump loses the election and/or the Senate majority shifts. That's not "actively pushing judges to retire." That's actively removing an obstacle in front of a judge who wants to retire.

How will courts operate in this time of social distancing?

Consider the example Wisconsin is setting (reported in the Wisconsin State Journal):

Under an order signed Thursday by [Dane County] Circuit Judge Valerie Bailey-Rihn, judges will hold more hearings by telephone or video conference, or will postpone them entirely, to reduce the potential for exposure to the virus...

“This is really uncharted territory,” Bailey-Rihn said. “A lot of thought has gone into these, balancing the functioning of the court with the safety of jurors, lawyers, litigants and others.”...

• In civil, small claims and family cases, all contested matters requiring in-person appearances — such as jury trials, small claims and custody and placement hearings — are suspended. Any hearing that can be done by phone, though, will proceed as scheduled.

• In criminal cases, any proceeding, including trials, involving a defendant who is not in custody may be rescheduled or held by telephone or video conference. Proceedings involving defendants who are in jail will go on as scheduled....

Bailey-Rihn said if it comes to the point that closing the courthouse appears necessary, that decision would be made in consultation with other stakeholders, such as the state and county. In that instance, she said, plans would be made to operate remotely as much as possible....