Kendall v. Russell

The majority concludes that the District Court was correct in declining to abstain under Younger from reaching the merits of Judge Kendall’s appeal, and that the District Court properly held that the Virgin Islands Legislature (the “Legislature”) violated the separation of powers principle of the Virgin Islands Revised Organic Act of 1954 (the “ROA”) in enacting Act 3876 (the “Act”), thereby empowering the Commission on Judicial Disabilities (the “Commission”) to remove judges from the Superior Court of the Virgin Islands. I respectfully dissent. In my view, the District Court should have…