Heather Walter-McCabe
@profwaltermac.bsky.social
Law Professor at SLU - JD/MSW - fueled by coffee and anxiety while working at the intersection of law, social work, & public health. My emphasis is on LGBTQ health equity. My work is intersectional. #TransRights is non-negotiable. Legal Epi.🏳️🌈
As we head into Thanksgiving, I would also like to take a moment and ask — if you're thankful for my work this year and aren't yet a paid subscriber — to consider subscribing or upgrading to a paid subscription. For $60 a year or $6 a month, you can help to make Law Dork possible.
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www.lawdork.com
November 25, 2025 at 7:13 PM
Reposted by Heather Walter-McCabe
The House announced just days before a major holiday that they will vote next week on a bill that hasn't been filed — to redraw maps that haven't been released. This is bad governance in the extreme. Hoosiers deserve fair maps. And they deserve transparency.
November 25, 2025 at 7:11 PM
The House announced just days before a major holiday that they will vote next week on a bill that hasn't been filed — to redraw maps that haven't been released. This is bad governance in the extreme. Hoosiers deserve fair maps. And they deserve transparency.
Reposted by Heather Walter-McCabe
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.
An important read
Big report at Law Dork tonight on this decision — and much more on DOJ’s anti-trans attacks: www.lawdork.com/p/judges-doj...
BREAKING: Federal judge rejects DOJ's effort to subpoena the names and medical records of children who have received gender-affirming medical care from the Children's Hospital of Philadelphia. storage.courtlistener.com/recap/gov.us...
November 24, 2025 at 5:26 AM
An important read
Reposted by Heather Walter-McCabe
Abrego's attys just supplemented his motion to dismiss for vindictive prosec. with evidence of the govt's "brazen & misleading conduct" in his civil case—claiming Costa Rica wouldn't take him—& urging the need to hear testimony from DAG Blanche et al. storage.courtlistener.com/recap/gov.us...
#230 in United States v. Abrego Garcia (M.D. Tenn., 3:25-cr-00115) – CourtListener.com
NOTICE of Supplemental Information by Kilmar Armando Abrego Garcia re 104 MOTION to Dismiss for Vindictive and Selective Prosecution (Attachments: # 1 Exhibit A - Zamora Cordero statement to Washingto...
storage.courtlistener.com
November 23, 2025 at 10:22 PM
Abrego's attys just supplemented his motion to dismiss for vindictive prosec. with evidence of the govt's "brazen & misleading conduct" in his civil case—claiming Costa Rica wouldn't take him—& urging the need to hear testimony from DAG Blanche et al. storage.courtlistener.com/recap/gov.us...
Reposted by Heather Walter-McCabe
What a sad but touching essay. And what an indictment of her horrible cousin, RFK, Jr.
Finally, an observation I'm onboard with:
"I have never encountered a group of people who are more competent, more full of grace and empathy, more willing to serve others than nurses. Nurses should take over."
Finally, an observation I'm onboard with:
"I have never encountered a group of people who are more competent, more full of grace and empathy, more willing to serve others than nurses. Nurses should take over."
A Battle with My Blood
When I was diagnosed with leukemia, my first thought was that this couldn’t be happening to me, to my family.
www.newyorker.com
November 23, 2025 at 8:45 AM
What a sad but touching essay. And what an indictment of her horrible cousin, RFK, Jr.
Finally, an observation I'm onboard with:
"I have never encountered a group of people who are more competent, more full of grace and empathy, more willing to serve others than nurses. Nurses should take over."
Finally, an observation I'm onboard with:
"I have never encountered a group of people who are more competent, more full of grace and empathy, more willing to serve others than nurses. Nurses should take over."
Reposted by Heather Walter-McCabe
BREAKING: Federal judge rejects DOJ's effort to subpoena the names and medical records of children who have received gender-affirming medical care from the Children's Hospital of Philadelphia. storage.courtlistener.com/recap/gov.us...
November 21, 2025 at 10:26 PM
BREAKING: Federal judge rejects DOJ's effort to subpoena the names and medical records of children who have received gender-affirming medical care from the Children's Hospital of Philadelphia. storage.courtlistener.com/recap/gov.us...
Reposted by Heather Walter-McCabe
Excited to be part of tomorrow’s Fordham Law symposium on my amazing colleague @dsc250.bsky.social’s important new book with the wonderful Carole Joffe about how abortion providers have navigated the challenges of the post-Dobbs landscape. Join us! fordham.zoom.us/webinar/regi...
November 20, 2025 at 10:19 PM
Excited to be part of tomorrow’s Fordham Law symposium on my amazing colleague @dsc250.bsky.social’s important new book with the wonderful Carole Joffe about how abortion providers have navigated the challenges of the post-Dobbs landscape. Join us! fordham.zoom.us/webinar/regi...
Reposted by Heather Walter-McCabe
Harming trans kids - using art to capture the impacts of the Sussex ICB investigation on trans adolescents and families.
Please read and share.
The art is not mine - the artist wishes to remain anonymous.
growinguptransgender.com/2025/11/19/h...
Please read and share.
The art is not mine - the artist wishes to remain anonymous.
growinguptransgender.com/2025/11/19/h...
Harming trans kids – Using art to capture the impacts of the Sussex ICB investigation
When puberty blockers were banned in June 2024, the legislation included a clause stating that those currently on blockers would not be medically detransitioned, and could continue care if adopted …
growinguptransgender.com
November 19, 2025 at 1:16 PM
Harming trans kids - using art to capture the impacts of the Sussex ICB investigation on trans adolescents and families.
Please read and share.
The art is not mine - the artist wishes to remain anonymous.
growinguptransgender.com/2025/11/19/h...
Please read and share.
The art is not mine - the artist wishes to remain anonymous.
growinguptransgender.com/2025/11/19/h...
Reposted by Heather Walter-McCabe
It's been 3 years since a mass shooting claimed the lives of 5 people at Club Q, the LGBTQ+ nightclub in Colorado Springs, Colorado.
We send our condolences to the LGBTQ+ community in Colorado Springs, whose lives were forever changed by this horrific act of hate. ❤️
We send our condolences to the LGBTQ+ community in Colorado Springs, whose lives were forever changed by this horrific act of hate. ❤️
November 19, 2025 at 2:00 PM
It's been 3 years since a mass shooting claimed the lives of 5 people at Club Q, the LGBTQ+ nightclub in Colorado Springs, Colorado.
We send our condolences to the LGBTQ+ community in Colorado Springs, whose lives were forever changed by this horrific act of hate. ❤️
We send our condolences to the LGBTQ+ community in Colorado Springs, whose lives were forever changed by this horrific act of hate. ❤️
World toilet day is a great day to remind folks of the fantastic work of @rickweinmeyer.bsky.social If you aren’t already familiar with his research, take a look!
November 19 is World Toilet Day — officially declared by the United Nations to bring attention to the the 3.4 billion people who live without "safely managed sanitation." n.pr/3X1BB07
World Toilet Day is today! Um .. is that really the best name?
November 19 is World Toilet Day — officially declared by the United Nations to bring attention to the the 3.4 billion people who live without "safely managed sanitation."
n.pr
November 19, 2025 at 2:09 PM
World toilet day is a great day to remind folks of the fantastic work of @rickweinmeyer.bsky.social If you aren’t already familiar with his research, take a look!
Reposted by Heather Walter-McCabe
Calling all concerned friends of public health!!!
The next ACIP meeting is on Dec 4-5, 2025.
They will likely be voting on newborn Hep B vaccination.
Take action by submitting public comments opposing changes to the schedule. Comments close on Nov 24, 2025!
www.regulations.gov/docket/CDC-2...
The next ACIP meeting is on Dec 4-5, 2025.
They will likely be voting on newborn Hep B vaccination.
Take action by submitting public comments opposing changes to the schedule. Comments close on Nov 24, 2025!
www.regulations.gov/docket/CDC-2...
Regulations.gov
www.regulations.gov
November 18, 2025 at 3:14 PM
Calling all concerned friends of public health!!!
The next ACIP meeting is on Dec 4-5, 2025.
They will likely be voting on newborn Hep B vaccination.
Take action by submitting public comments opposing changes to the schedule. Comments close on Nov 24, 2025!
www.regulations.gov/docket/CDC-2...
The next ACIP meeting is on Dec 4-5, 2025.
They will likely be voting on newborn Hep B vaccination.
Take action by submitting public comments opposing changes to the schedule. Comments close on Nov 24, 2025!
www.regulations.gov/docket/CDC-2...
Reposted by Heather Walter-McCabe
Re-upping my piece from yesterday on the Deputy Attorney General's "war" against federal courts—including why it's wanting for both quantitative and qualitative support; why it's especially dangerous coming from the number-two official at DOJ; and why the silence of folks on the right is deafening:
193. The "War" on Judges
Deputy Attorney General Blanche's attack on lower courts is an impressive combination of light on substance; shamelessly hypocritical; and profoundly dangerous. More people should be condemning it.
www.stevevladeck.com
November 18, 2025 at 12:57 PM
Re-upping my piece from yesterday on the Deputy Attorney General's "war" against federal courts—including why it's wanting for both quantitative and qualitative support; why it's especially dangerous coming from the number-two official at DOJ; and why the silence of folks on the right is deafening:
I have read so many headlines & stories today that are just devastating. Thinking of those who have experienced SA of any kind and hoping you are doing whatever you need to take care of yourself or get support.
November 14, 2025 at 2:56 AM
I have read so many headlines & stories today that are just devastating. Thinking of those who have experienced SA of any kind and hoping you are doing whatever you need to take care of yourself or get support.
Everything is fine….
Amendment which strikes section which “allows senators who were legally subpoenaed during the January 6 criminal conspiracy investigation to get millions of dollars deposited into their bank accounts at taxpayer expense” voted down by Republicans
November 12, 2025 at 8:50 AM
Everything is fine….
Reposted by Heather Walter-McCabe
Reposted by Heather Walter-McCabe
Very interesting. Terrifying, and interesting.
NEW: Kim Davis is done. The Supreme Court is not reconsidering Obergefell. What happens now?
There is a reason people were afraid that the Supreme Court would take up case. The reason is the Supreme Court itself. Here's why I'm taking this whole experience seriously.
Today, at Law Dork:
There is a reason people were afraid that the Supreme Court would take up case. The reason is the Supreme Court itself. Here's why I'm taking this whole experience seriously.
Today, at Law Dork:
Kim Davis is done. The Supreme Court is not reconsidering Obergefell. What happens now?
There is a reason people were afraid that the Supreme Court would take up case. The reason is the Supreme Court itself. Here's why I'm taking this whole experience seriously.
www.lawdork.com
November 11, 2025 at 9:21 PM
Very interesting. Terrifying, and interesting.
Reposted by Heather Walter-McCabe
After four years of suffering by the LGBTQ+ community in Virginia under Republican Gov. Glenn Youngkin’s control, Democratic Lt. Gov.-elect Ghazala Hashmi appointed Equality Virginia’s Narissa Rahaman to her transition team.
www.advocate.com/politics/gha...
www.advocate.com/politics/gha...
Newly elected Virginia lieutenant governor appoints LGBTQ+ advocate to transition team
Narissa Rahaman, executive director of Equality Virginia, was named as a counselor to Ghazala Hashmi.
www.advocate.com
November 11, 2025 at 4:22 PM
After four years of suffering by the LGBTQ+ community in Virginia under Republican Gov. Glenn Youngkin’s control, Democratic Lt. Gov.-elect Ghazala Hashmi appointed Equality Virginia’s Narissa Rahaman to her transition team.
www.advocate.com/politics/gha...
www.advocate.com/politics/gha...
Reposted by Heather Walter-McCabe
BREAKING: The First Circuit denied the DOJ’s request to block a district court’s enforcement order that the Trump administration pay full SNAP benefits for November. That doesn’t end things, though. Now, the matter goes back to SCOTUS. substack.com/@chrisgeidne...
Chris Geidner (@chrisgeidner)
BREAKING: The U.S. Court of Appeals for the First Circuit denied the Justice Department’s request to block a district court’s enforcement order that the Trump administration pay full SNAP benefits for...
substack.com
November 10, 2025 at 6:46 AM
BREAKING: The First Circuit denied the DOJ’s request to block a district court’s enforcement order that the Trump administration pay full SNAP benefits for November. That doesn’t end things, though. Now, the matter goes back to SCOTUS. substack.com/@chrisgeidne...
Reposted by Heather Walter-McCabe
My statement on the proposed Senate deal
November 10, 2025 at 1:14 AM
My statement on the proposed Senate deal
Trying not to circle the drain. It feels like the suffering imposed by this shutdown has been for nothing. Continuing to focus on Mutual aid. Local systems change. And accountability at the ballot box so long as that is available. The old systems have to change. Schumer is a part of the old system.
November 10, 2025 at 4:01 AM
Trying not to circle the drain. It feels like the suffering imposed by this shutdown has been for nothing. Continuing to focus on Mutual aid. Local systems change. And accountability at the ballot box so long as that is available. The old systems have to change. Schumer is a part of the old system.
Reposted by Heather Walter-McCabe
Jim Comey's appendix of Trump attacks was 60 pages (tho it did not claim to be comprehensive).
Tish James' is 113 pages.
Tish James' is 113 pages.
![Appendix of Public Statements of President Donald J. Trump About or Concerning AG James or this Case 1
No. Date/Time
(ET)
Location Speaker Comment / Post Link
2019–20212
1 3/13/2019
10:26 AM
X (formerly
Twitter)
Trump All part of the Witch Hunt Hoax. Started by little Eric Schneiderman &
Cuomo. So many leaving New York! [Replying to @GOP statement: The
NY Attorney General called President Trump an “illegitimate president.”
She has proven to have a vendetta against @realDonaldTrump & is using
her position of power to baselessly smear the President & the work he’s done
for the American people.]
https://perma.c
c/4NS6-UGEV
2 3/13/2019
10:26 AM
X (formerly
Twitter)
Trump RT @DiamondandSilk: AG Letitia James of New York is abusing her power
by targeting the POTUS. Using the Attorney General office as a weapon to
deliberately target the President because of Political Bias should be against
the Law and a violation of the Hatch Act!
https://perma.c
c/553N-C2GE
3 4/29/2019
8:18 AM
X (formerly
Twitter)
Trump The NRA is under siege by Cuomo and the New York State A.G., who are
illegally using the State’s legal apparatus to take down and destroy this very
important organization, & others. It must get its act together quickly, stop the
internal fighting, & get back to GREATNESS - FAST!
https://perma.c
c/6RA9-DE98
4 7/1/2019
12:10 PM
X (formerly
Twitter)
Trump It is very hard and expensive to live in New York. Governor Andrew Cuomo
uses his Attorney General as a bludgeoning tool for his own purposes. They
sue on everything, always in search of a crime. I even got sued on a
Foundation which took Zero rent & expenses & gave away...
https://perma.c
c/Q477-7HSN
5 7/1/2019
12:10 PM
X (formerly
Twitter)
Trump ....more money than it had. Going on for years, originally brought by
Crooked Hillary’s Campaign Chair, A.G. Eric Schneiderman, until forced to
https://perma.c
c/89EZ-UP7B
1 This appendix reflects the best efforts of counsel to compile all of the President’s statements relevant to…](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:bbp2b224lro3bfnzcqwwnkfo/bafkreifytqdmsve5ggk4sft62qf7l55rkqv5wjq7zrjumzb4a3p4w73r5u@jpeg)
November 7, 2025 at 10:17 PM
Jim Comey's appendix of Trump attacks was 60 pages (tho it did not claim to be comprehensive).
Tish James' is 113 pages.
Tish James' is 113 pages.
BREAKING: The Sixth Circuit, in a 10-7 en banc decision, holds that an Ohio school district's anti-bullying policy that requires students to use children's preferred pronouns is likely unconstitutional on these facts.
Judge Murphy, a Trump appointee, writes the court's decision.
Judge Murphy, a Trump appointee, writes the court's decision.
November 7, 2025 at 8:03 PM
Reposted by Heather Walter-McCabe
Says Rachel Vilensky in panel on children in the courts in #IHLRsymposium about Child Advocacy and Health Law: Counsel for foster children: Indiana is one of only 5 state that do not give kids in the foster system lawyer (it does for criminal cases).
November 7, 2025 at 4:55 PM
Says Rachel Vilensky in panel on children in the courts in #IHLRsymposium about Child Advocacy and Health Law: Counsel for foster children: Indiana is one of only 5 state that do not give kids in the foster system lawyer (it does for criminal cases).