To constitutional scholars, the line between Alexander Hamilton and the federal judiciary will always connect through The Federalist No. 78, wherein Hamilton anticipated the doctrine of judicial review by concluding that federal courts would have the “duty…to declare all acts contrary to the manifest tenor of the constitution void.”
But surely Hamilton never anticipated that two-and-half centuries later the federal judiciary he helped create and define would parody a Broadway musical about him to discuss the resumption of jury trials during a pandemic. But, alas, we live in interesting times, and two federal judges from Texas have released their own version of Jonathan Groff’s song “You’ll Be Back” from the musical Hamilton:
You have to admit, Judge Elrod and Judge Eskridge did not throw away their shot at Broadway renown. While their singing may not blow us all away, they should be more than satisfied with the results. We know that everyone feels helpless because COVID-19 is spiking across the nation, so it’s nice to take a break with a little diversion emanating from the federal bench.
As to the serious topic, we have been closely following the issues surrounding attempts to resume jury trials across the country (here, here, and here). Surely, this won’t be the one last time this comes up.