The D.C. appellate court ordered Chief Judge James Boasberg to reconsider a case regarding biased enforcement of political graffiti.
Chief Judge James Boasberg faces criticism for his handling of a case involving selective enforcement of political graffiti in Washington, D.C. The litigation arose after pro-life groups were arrested for writing "Black Pre-Born Lives Matter" on a sidewalk while nearby "Black Lives Matter" slogans remained untouched. The D.C. appellate court recently reversed a previous ruling by Chief Judge James Boasberg, noting that the First Amendment prohibits government discrimination based on viewpoint. While the judge initially dismissed the claim by applying a high standard of "invidious enforcement," the appellate court ruled that the judge should instead use the correct standard for free speech. Despite this, Chief Judge James Boasberg dismissed the case a second time without a trial, rejecting the litigants' evidence that police witnessed various defacements during the 2020 protests. Critics argue that the judge is substituting his own subjective judgment for that of a jury. While the judge has frequently criticized the administration for exceeding its authority, he has also been noted for exceeding his own judicial authority.