Hooper
@hooperhooper.bsky.social
UNC History PhD candidate. Historian of gay rights activism and lesbian-feminism, student activism in the gay liberation era, and the 1970s South. NC born/raised/now. he/him ⚣
Reposted by Hooper
UPDATE: Another judge just dinged DOJ in another trans care subpoena case, with Judge Joun finding that DOJ missed a deadline, and, accordingly, their motion to alter the judgment in the Boston Children's Hospital case was "untimely." And, because DOJ also appealed, Joun has no further jurisdiction.
![Judge Myong J. Joun: ELECTRONIC ORDER entered re 35
Motion to Alter Judgment.
On September 9, 2025, I entered an order granting Boston Children Hospital's ("BCH") Motion to Quash. [Doc. No. 33 4 1. On October 7, 2025, the Department of Justice ("DOJ") filed a Motion to Alter (the "Motion"). [Doc. No. 35 A]. On November 7, 2025, the DOJ filed a Notice of Appeal of my September 9 Order. [Doc. No. 46 4 ]. That appeal has been assigned USCA Case Number 25-2092.
[Doc. No. 48 ]. The parties have completed briefing of the merits of the Motion, however, after DOJ filed its Notice of Appeal, BCH filed a Notice indicating that this court no longer has jurisdiction to decide the Motion. [See Doc. No. 50
"The filing of a notice of appeal is an event of jurisdictional significance — it confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal." Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982). However, "in order to prevent unnecessary appellate review, the district court was given express authority to entertain a timely motion to alter or amend the judgment under Rule 59, even after a notice of appeal had been filed." Id.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:36eqtmzysqf7wsslczw4uxcd/bafkreifq6fozblxq5uz7vczjqf7rlnysombau2eo65u4s4yizeim57t5xm@jpeg)
![As such, Rule 4(A)(iv) of the Federal Rules of Appellate Procedure provides that "[ilf a party files in the district court" a motion "to alter or amend the judgment under Rule 59" and
"does so within the time allowed by those rules--the time to file an appeal runs for all parties from the entry of the order disposing of the last such remaining motion." Fed. Rule App. Proc. 4(A)(iv). Rule 59(e) of the Federal Rules of Civil Procedure provides that "[a] motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment." Here, DOJ filed the Motion around
10:30 P.M. on October 7, 2025, or the 28th day following the entry of the judgment on September 9. However, an electronic filing made on the last day is timely if filed by midnight in the court's time zone, "[unless a different time is set by a... local rule." Fed. R. Civ. P. 6(a)(4). Our district's local rules state that, "[a]ll electronic transmissions of documents must be completed prior to 6:00 p.m. to be considered timely filed that day." L.R. 5.4(d). Accordingly, to have timely filed a Motion to Alter in this district, DOJ was required to file its Motion by 6:00 P.M. on October 7, 2025, but did not do so until about 10:30 P.M. [Doc. No. 44 4 at 4]. Contrary to DOJ's suggestion that our local rules may not apply to a "miscellaneous proceeding to quash an administrative subpoena," [Doc. No. 44 A n.2], the local rules clarify that they "apply to all proceedings in the United States District Court for the District of Massachusetts." L.R. 1.2(a). As such, the Motion is untimely. See, e.g., Sneade v. Rojas, 11-cv-40061, 2014 WL 949635, at *2 n.2 (D. Mass. Mar. 10, 2014) ("[T]he motion to impound was filed after the 6:00 p.m. deadline and therefore, is deemed filed the next business day, i.e., it was untimely");
Romero v. McCormick & Schmick Rest. Corp., No. 18-cv-10324, 2020 WL 1430530, at *1 (D. Mass. Mar. 24, 2020) ....](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:36eqtmzysqf7wsslczw4uxcd/bafkreiajuyjmijndvebfdxnxd6vcregnwlvrlab7vfohli53ul44n7hm4q@jpeg)
!["District courts enjoy broad latitude in administering local rules." Air Line Pilots Ass'n v. Precision Valley Aviation, Inc., 26 F.3d 220, 224 (1st Cir. 1994). DOJ asks that I exercise such discretion here to find that the four-hour delay be deemed timely because BCH does not identify any prejudice from the late filing, and other courts in this district have excused similar delays. See, e.g., Soo v. Bone Biologics Corp., No. 19-cv-11520, 2021 WL 1391458, at *4 (D. Mass. Apr. 13, 2021) (excusing four-hour delay in filing an amended complaint and citing cases). However, DOJ has not pointed to any case finding such a motion timely where a subsequent notice of appeal has also been filed, divesting the court of its jurisdiction. "To deviate from a local rule, the district court (1) must have a sound reason for doing so, and (2) must ensure that no party's substantial rights are unfairly jeopardized." Belanger v. BNY Mellon Asset Mgmt., LLC, No. 15-cv-10198, 2017 WL 1160570, at *6 (D. Mass. Mar. 28, 2017) (cleaned up).
DOJ has not provided any "sound reason" for its late filing or for deviating from the local rules.
Carpenter v. Rivera, 10-cv-40233, 2014 WL 4928963, at *2 n.2 (D. Mass. Sept. 30, 2014)
("Accordingly, even if the Court had the power to extend the deadline, I would not find that Plaintiff has established cause for doing so."). Because the Motion was untimely and the notice of appeal has not been tolled, jurisdiction is now vested with the First Circuit Court of Appeals. As such, I do not have jurisdiction to rule on the merits of the Motion to Alter. See Malek v. Feigenbaum, 116 F.4th 118, 127-128 (2d Cir. 2024) (finding appeal untimely where Rule 59(e) motion was filed late and did not toll the deadline for appeal). The Motion to Alter, [Doc. No. 35 4 ], is thus DENIED.
(SKY) (Entered: 11/24/2025)](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:36eqtmzysqf7wsslczw4uxcd/bafkreihzoo745gjwg3eszwqelpb4c7zwr2jmjxh6hgvrvejqa76myhufgu@jpeg)
November 25, 2025 at 12:00 AM
UPDATE: Another judge just dinged DOJ in another trans care subpoena case, with Judge Joun finding that DOJ missed a deadline, and, accordingly, their motion to alter the judgment in the Boston Children's Hospital case was "untimely." And, because DOJ also appealed, Joun has no further jurisdiction.
Reposted by Hooper
Media literacy is down, so to be clear, when the WSJ writes “Ultimately, the fact pattern Meta relies on to meet its conflicting objectives strains credibility” about your accounting practices and runs an accompanying flowchart, that is the equivalent of a 500-foot neon sign reading “FRAUD”
This feels like one of those stories you're going to look at a year from now and say to yourself, "Why didn't I move more of my portfolio into cash?" **
** (This post is for informational purposes only and should not be construed as financial or any other advice.)
🎁
www.wsj.com/tech/meta-ai...
** (This post is for informational purposes only and should not be construed as financial or any other advice.)
🎁
www.wsj.com/tech/meta-ai...
AI Meets Aggressive Accounting at Meta’s Gigantic New Data Center
Favorable treatment off the balance sheet hinges on some convenient assumptions.
www.wsj.com
November 24, 2025 at 1:18 PM
Media literacy is down, so to be clear, when the WSJ writes “Ultimately, the fact pattern Meta relies on to meet its conflicting objectives strains credibility” about your accounting practices and runs an accompanying flowchart, that is the equivalent of a 500-foot neon sign reading “FRAUD”
Reposted by Hooper
How can anyone continue to support this??
ICE kidnapped a 17-year-old U.S. citizen named Christian Jimenez. Jimenez, a high school senior born in Newberg, Oregon, was driving on his school’s lunch break when ICE/CBP agents stopped his car, smashed his window, and abducted him on November 21, 2025.
www.oregonlive.com/portland/202...
www.oregonlive.com/portland/202...
November 24, 2025 at 9:09 PM
How can anyone continue to support this??
Reposted by Hooper
Amazing story, state legislator and Turning Points USA leader who crusaded against bogus voter fraud claims pleads guilty to attempted election fraud. azmirror.com/briefs/turni...
Turning Point leader, former GOP Rep pleads guilty to attempted election fraud | Arizona Mirror
Austin Smith election fraud guilty plea: Former GOP Rep admits forging 100+ signatures on ballot petitions in Arizona
azmirror.com
November 23, 2025 at 8:06 PM
Amazing story, state legislator and Turning Points USA leader who crusaded against bogus voter fraud claims pleads guilty to attempted election fraud. azmirror.com/briefs/turni...
Reposted by Hooper
Hello from the Raleigh to Charlotte corridor, where the Piedmont operates like the Cascades and keeps breaking ridership records: www.axios.com/local/raleig...
November 24, 2025 at 6:54 AM
Hello from the Raleigh to Charlotte corridor, where the Piedmont operates like the Cascades and keeps breaking ridership records: www.axios.com/local/raleig...
Reposted by Hooper
“.. Maxwell’s legal team said she would invoke her Fifth Amendment rights if she sat with congressional investigators, the Kentucky Republican said in an interview.”
@politico.com
www.politico.com/live-updates...
@politico.com
www.politico.com/live-updates...
November 21, 2025 at 6:33 PM
“.. Maxwell’s legal team said she would invoke her Fifth Amendment rights if she sat with congressional investigators, the Kentucky Republican said in an interview.”
@politico.com
www.politico.com/live-updates...
@politico.com
www.politico.com/live-updates...
Reposted by Hooper
Year-over-year gains in REAL earnings are slipping: 2.0% last year, 1.3% in July, 1.1% in August, and now 0.8%...
November 21, 2025 at 6:36 PM
Year-over-year gains in REAL earnings are slipping: 2.0% last year, 1.3% in July, 1.1% in August, and now 0.8%...
Reposted by Hooper
Applications for the Writers Retreat for Emerging LGBTQ Voices are now open!
Apply for your chance to work with one of our 8 amazing faculty members, attend programming aimed at developing craft and demystifying the publishing industry, and build forever-community. 🥰
bit.ly/48cM1iy
Apply for your chance to work with one of our 8 amazing faculty members, attend programming aimed at developing craft and demystifying the publishing industry, and build forever-community. 🥰
bit.ly/48cM1iy
Lambda Literary - 2026 Writers Retreat for Emerging LGBTQ Voices Application
Retreat Dates and Location
The 2026 Writers Retreat will be held virtually from August 1-August 8, 2026.
Application Details
Applications to attend the 2026 Writers Retreat for Emerging LGBTQ* Voice...
bit.ly
November 21, 2025 at 6:41 PM
Applications for the Writers Retreat for Emerging LGBTQ Voices are now open!
Apply for your chance to work with one of our 8 amazing faculty members, attend programming aimed at developing craft and demystifying the publishing industry, and build forever-community. 🥰
bit.ly/48cM1iy
Apply for your chance to work with one of our 8 amazing faculty members, attend programming aimed at developing craft and demystifying the publishing industry, and build forever-community. 🥰
bit.ly/48cM1iy
Reposted by Hooper
“They saw my North Carolina Real ID,” he said. “They were looking for an ID or some sort of documentation, so at that moment, they could have let me free. But no, they decided to take me.”
When he told them he was born in Raleigh, the agent questioning him grew angry, Vazquez said. They abruptly pulled off the road into the parking lot of a carpet cleaning company, where they dumped him, a half mile away from where they picked him up.
‘They Basically Just Kidnapped Me’: US Citizen Taken by Border Patrol in Cary
This article originally published online at NC Newsline. The first thing they asked Fernando Vazquez was “Where are you from?” When two unmarked SUVs full of Border Patrol agents arrived Tuesday at th...
indyweek.com
November 21, 2025 at 5:48 PM
“They saw my North Carolina Real ID,” he said. “They were looking for an ID or some sort of documentation, so at that moment, they could have let me free. But no, they decided to take me.”
Reposted by Hooper
After Texas news outlets made a public records request to see emails Gov. Abbott and Musk’s companies, state officials took months fighting and delaying their release.
Then, they released 1,374 pages with all but 200 of those pages entirely blacked out. trib.al/gAr6UQy
Then, they released 1,374 pages with all but 200 of those pages entirely blacked out. trib.al/gAr6UQy
Abbott Releases—and Blacks Out—1,400 Pages of Emails With Elon Musk
Texas Governor Greg Abbott was forced to reveal his emails with Musk. He didn’t totally comply.
trib.al
November 19, 2025 at 8:30 PM
After Texas news outlets made a public records request to see emails Gov. Abbott and Musk’s companies, state officials took months fighting and delaying their release.
Then, they released 1,374 pages with all but 200 of those pages entirely blacked out. trib.al/gAr6UQy
Then, they released 1,374 pages with all but 200 of those pages entirely blacked out. trib.al/gAr6UQy
Reposted by Hooper
Ah yes, as the people of Adamsville said about Buford Pusser -- a corrupt cop who killed his wife -- no man is perfect!
slate.com/news-and-pol...
slate.com/news-and-pol...
November 19, 2025 at 2:52 PM
Ah yes, as the people of Adamsville said about Buford Pusser -- a corrupt cop who killed his wife -- no man is perfect!
slate.com/news-and-pol...
slate.com/news-and-pol...
Reposted by Hooper
If the president can just raise taxes and spend money without Congressional approval, the constitution is null and void.
BREAKING: Deputy White House Chief of Staff James Blair said the administration is eyeing ways to give millions of Americans $2,000 dividend checks from tariff revenue without congressional approval, per Bloomberg.
November 19, 2025 at 3:11 AM
If the president can just raise taxes and spend money without Congressional approval, the constitution is null and void.
Reposted by Hooper
Epstein survivor Sharlene Rochard talks with Jen Psaki in an exclusive interview tonight about how she, as a girl in her early teens, was brought to parties at Donald Trump's Mar-a-Lago.
November 19, 2025 at 3:26 AM
Epstein survivor Sharlene Rochard talks with Jen Psaki in an exclusive interview tonight about how she, as a girl in her early teens, was brought to parties at Donald Trump's Mar-a-Lago.
Reposted by Hooper
BREAKING: US President Trump announces he’s designating Saudi Arabia as a major non-NATO ally, and has asked Crown Prince MBS to join the board that will act as a transitional authority for war-torn Gaza.
🟠 LIVE updates: aje.io/aivosv
🟠 LIVE updates: aje.io/aivosv
November 19, 2025 at 2:35 AM
BREAKING: US President Trump announces he’s designating Saudi Arabia as a major non-NATO ally, and has asked Crown Prince MBS to join the board that will act as a transitional authority for war-torn Gaza.
🟠 LIVE updates: aje.io/aivosv
🟠 LIVE updates: aje.io/aivosv
Reposted by Hooper
BREAKING: Federal agents detained at least three people in Durham on Tuesday, chasing them through a shopping center parking lot as stores locked down and shoppers fled.
“They’re Just Kind Of Grabbing People”: Fear Grips Durham As Federal Agents Arrive
Federal agents detained at least three people as volunteers mobilized to track the agents through Durham.
indyweek.com
November 18, 2025 at 8:16 PM
BREAKING: Federal agents detained at least three people in Durham on Tuesday, chasing them through a shopping center parking lot as stores locked down and shoppers fled.
Reposted by Hooper
New — I wrote about the myriad ways journalism’s moral rot manifests, and how our crumbling institutions have created the conditions for it to fester:
Moral rot in elite journalism is killing the whole field
The Nuzzi/RFK Jr. mess and the revelation of Esptein's journo pals lay bare a profound moral absence at the heart of our free press.
www.thehandbasket.co
November 18, 2025 at 10:03 PM
New — I wrote about the myriad ways journalism’s moral rot manifests, and how our crumbling institutions have created the conditions for it to fester:
Reposted by Hooper
Border Patrol agents’ expected arrival in the Raleigh area has some local businesses finding ways to allow shoppers to stay at home.
Triangle grocery stores offering free delivery to protect immigrant communities
Border Patrol agents’ expected arrival in the Raleigh area has some local businesses finding ways to allow shoppers to stay at home.
bit.ly
November 18, 2025 at 4:00 PM
Border Patrol agents’ expected arrival in the Raleigh area has some local businesses finding ways to allow shoppers to stay at home.
Reposted by Hooper
Things that will get you kicked out of academia forever:
- taking maternity leave at the wrong time
- spending too much time with your kids
- reporting harassment
- not moving every 2-3 years
- taking a partner's job/preferences into account
- mouthing off before tenure
- taking maternity leave at the wrong time
- spending too much time with your kids
- reporting harassment
- not moving every 2-3 years
- taking a partner's job/preferences into account
- mouthing off before tenure
A guy makes ONE tiny mistake (has a years-long friendship with the world's worst sex trafficker; brags about sexually harassing colleagues; is racist; says women are stupid) and his whole LIFE is blown up (does slightly fewer speaking engagements; keeps teaching at #1 university)??!?!?!?!?!
So Harvard is keeping this guy, but Claudine Gay had to step down over ginned up plagiarism accusations and bad-faith accusations of anti-Semitism.
Got it.
Got it.
November 18, 2025 at 3:52 PM
Things that will get you kicked out of academia forever:
- taking maternity leave at the wrong time
- spending too much time with your kids
- reporting harassment
- not moving every 2-3 years
- taking a partner's job/preferences into account
- mouthing off before tenure
- taking maternity leave at the wrong time
- spending too much time with your kids
- reporting harassment
- not moving every 2-3 years
- taking a partner's job/preferences into account
- mouthing off before tenure
Reposted by Hooper
BREAKING: Israeli forces have shot and wounded an Al Jazeera journalist in Tulkarem in the occupied West Bank.
🔴 LIVE updates: aje.io/z68e2t
🔴 LIVE updates: aje.io/z68e2t
November 18, 2025 at 12:16 PM
BREAKING: Israeli forces have shot and wounded an Al Jazeera journalist in Tulkarem in the occupied West Bank.
🔴 LIVE updates: aje.io/z68e2t
🔴 LIVE updates: aje.io/z68e2t
Reposted by Hooper
Real talk for @keunghui.bsky.social: a great story would dive into the hypocrisy/shallowness of the right wing commitment to in-person learning
November 18, 2025 at 12:11 PM
Real talk for @keunghui.bsky.social: a great story would dive into the hypocrisy/shallowness of the right wing commitment to in-person learning
Reposted by Hooper
Nine-month-old AI company you've never heard of that revealed its first product last month wants to be valued as much as Ford
Sources: Mira Murati's Thinking Machines Lab is in talks with potential investors to raise about $5B and is aiming for a valuation of at least $50B (The Information)
Main Link | Techmeme Permalink
Main Link | Techmeme Permalink
November 18, 2025 at 12:54 AM
Nine-month-old AI company you've never heard of that revealed its first product last month wants to be valued as much as Ford
Reposted by Hooper
The White House is objectively and demonstrably pro-sex trafficking
NEW: When Andrew Tate landed in the US, Customs & Border Protection seized his electronic devices. But @propublica.org found that a White House official told DHS to return the devices, emphasizing that the request came from the White House.
By @robert-faturechi.bsky.social & Avi Asher-Schapiro
By @robert-faturechi.bsky.social & Avi Asher-Schapiro
The White House Intervened on Behalf of Accused Sex Trafficker Andrew Tate During a Federal Investigation
Federal authorities were chided for seizing electronic devices from Tate and his brother, and told to return them, records and interviews show. Experts said the intervention was highly inappropriate.
www.propublica.org
November 18, 2025 at 11:37 AM
The White House is objectively and demonstrably pro-sex trafficking
Reposted by Hooper
UNC-Chapel Hill has THREE Rhodes Scholars this year!
Congratulations to Tiana, Rotimi, and Gabrielle!!
Big thanks to Dr. Marc Howlett, Executive Director of our Office of Distinguished Scholarships, and to all faculty and friends who helped in the process.
www.unc.edu/posts/2025/1...
Congratulations to Tiana, Rotimi, and Gabrielle!!
Big thanks to Dr. Marc Howlett, Executive Director of our Office of Distinguished Scholarships, and to all faculty and friends who helped in the process.
www.unc.edu/posts/2025/1...
3 Carolina seniors win Rhodes scholarships - The University of North Carolina at Chapel Hill
Tiana Dinham, Rotimi Kukoyi and Gabrielle Moreau received the prestigious honor, matching Carolina’s record high for a single year.
www.unc.edu
November 17, 2025 at 5:36 PM
UNC-Chapel Hill has THREE Rhodes Scholars this year!
Congratulations to Tiana, Rotimi, and Gabrielle!!
Big thanks to Dr. Marc Howlett, Executive Director of our Office of Distinguished Scholarships, and to all faculty and friends who helped in the process.
www.unc.edu/posts/2025/1...
Congratulations to Tiana, Rotimi, and Gabrielle!!
Big thanks to Dr. Marc Howlett, Executive Director of our Office of Distinguished Scholarships, and to all faculty and friends who helped in the process.
www.unc.edu/posts/2025/1...
Reposted by Hooper
(Reuters) - A U.S. judge on Monday found evidence of "government misconduct" in how a prosecutor aligned with President Donald Trump secured criminal charges against former FBI Director James Comey and ordered that grand jury materials be turned over to Comey's defense team.
@reuters.com
@reuters.com
November 17, 2025 at 4:43 PM
(Reuters) - A U.S. judge on Monday found evidence of "government misconduct" in how a prosecutor aligned with President Donald Trump secured criminal charges against former FBI Director James Comey and ordered that grand jury materials be turned over to Comey's defense team.
@reuters.com
@reuters.com
Reposted by Hooper
When the bubble bursts are all the university administrators cheerleading these products going to keep doing so or what
The AI bubble may be about to bust.
Peter Thiel has sold all of his Nvidia stock.
We all need to say this very clearly:
NO BAILOUTS FOR THEFT-TECH!
Expropriate their asses instead.
They stole from all of us and fully plan to burn the planet.
They owe us - not the other way around. 1/3
Peter Thiel has sold all of his Nvidia stock.
We all need to say this very clearly:
NO BAILOUTS FOR THEFT-TECH!
Expropriate their asses instead.
They stole from all of us and fully plan to burn the planet.
They owe us - not the other way around. 1/3
November 17, 2025 at 8:06 AM
When the bubble bursts are all the university administrators cheerleading these products going to keep doing so or what