In the case argued before the First Circuit by Harvard prawf Jeannie Suk Gerson, after much inexplicable melodrama, the sole issue before the court was whether to reverse a temporary restraining order issued by Judge Douglas Woodlock. Ordinarily, this isn’t a tough call. This time, it wasn’t merely tough, but added another level of bizarre to the case.
A TRO maintains the status quo ante until the suit against Boston College is determined, much like letting a defendant remain on bail rather than serve his sentence while his appeal is proceeding. The reason is fairly obvious: if the defendant is constrained to serve his sentence immediately, but the conviction is subsequently reversed, he doesn’t get that time back. Not even the god-like power of a federal court can alter time. It’s gone, lost forever, together with the consequences that follow from the punishment to family, job, life. Continue reading →