Obama-appointed judge draws backlash for using 'weak sauce' in ruling blocking IRS-ICE data sharing
A D.C. Circuit panel stacked with Obama appointees upheld a court order blocking the IRS from sharing taxpayer addresses with ICE, and the written opinion's use of internet slang drew a wave of criticism from attorneys and legal observers.
Judge Cornelia Pillard, appointed to the D.C. Circuit by former President Barack Obama in 2013, authored the ruling in which a three-judge panel sided with plaintiffs who argued the IRS had failed to follow federal tax-confidentiality law when it handed over taxpayer data to immigration authorities. The other two judges on the panel, Patricia Millett and Robert Wilkins, were also Obama appointees, all three nominated the same year and announced together by Obama at a White House Rose Garden event on June 4, 2013.
But it was not just the substance of the ruling that drew fire. In her written opinion, Pillard dismissed a government argument with a phrase more common on social media than in federal appellate decisions.
Pillard called a government legal argument 'weak sauce' in a federal appellate opinion
The phrase appeared in a passage addressing whether the lower court's order might compromise ongoing criminal investigations. Pillard wrote:
"That argument is 'weak sauce' where the district court has permitted the IRS to file any necessary notifications 'under seal,' thereby shielding any criminal investigative activity from disclosure."
The reaction was swift. Conservative attorney William Shipley posted on X:
"It's an embarrassment to the Court that 2 judges would not have told the author to change a different phrase with the same meaning. Now that is going to be quoted/cited in future cases and it will look sophomoric and unserious."
Shipley's objection was not merely aesthetic. His concern was institutional: that the phrase would be cited in future litigation and would diminish the court's credibility over time. A federal appellate opinion is a permanent legal document. Every word in it carries the weight of precedent.
D.C. attorney Joshua Prince kept his critique to five words on X: "Make legal writing formal again." Another user wrote that the language "goes beyond legal decorum" and called it "unprofessional across the board." A separate commenter said the "insertion of popular slang in judicial opinions is getting out of hand."
When officials entrusted with public authority, whether elected clerks in Florida or lifetime-tenured federal judges, treat their offices casually, the erosion of public confidence follows. Pillard's language did not violate any rule, but it invited a question the judiciary can ill afford: whether the judges deciding these cases take their own work seriously.
ICE sought data on more than one million suspected illegal immigrants
The underlying dispute involves the IRS sharing taxpayer address information with ICE as part of the Trump administration's push to locate and deport illegal immigrants with final orders of removal. President Trump has made immigration enforcement a central priority, directing his administration to expand border security, detention, and deportations.
ICE submitted requests to the IRS for information on more than one million suspected illegal immigrants. The IRS, in turn, provided tens of thousands of taxpayer addresses. But the court found that ICE's submissions were often "either incomplete or insufficiently populated", meaning the agency sent requests that did not meet the strict requirements of federal tax-confidentiality law, and the IRS handed over addresses anyway.
Plaintiffs in the case included the Center for Taxpayer Rights, Main Street Alliance, and two labor unions. They argued the IRS had not ensured ICE's requests complied with the legal standards governing when taxpayer data can be disclosed. The D.C. Circuit panel agreed, upholding the lower court's order blocking the IRS from continuing its current data-sharing process.
The ruling does not permanently end cooperation between the IRS and ICE. It blocks a specific procedure the court found deficient. But the practical effect is a setback for the administration's effort to use tax records as a tool for locating illegal immigrants who have evaded removal.
Accountability for officials who misuse their positions is a recurring theme in public life. A deputy police commissioner in Mount Vernon was recently fired after allegedly aiding in a crime, a reminder that public trust depends on officials honoring the duties of their office, not bending them.
DHS pushed back hard, calling the ruling an obstacle it would work around
The Department of Homeland Security did not accept the decision quietly. In a statement to Fox News Digital on Wednesday, DHS said:
"DHS strongly disagrees with this ruling. We will continue using every lawful tool available to locate and remove illegal aliens with final orders of removal, and this ruling in no way prevents us from doing so."
That language signals the administration views the ruling as a procedural roadblock, not a permanent barrier. DHS framed the decision narrowly, as applying only to the specific IRS process at issue, not to the broader legal authority for inter-agency cooperation on immigration enforcement.
Fox News Digital reported that it also reached out to the D.C. Circuit and the IRS for comment. No responses from those parties were noted in the reporting.
Tom Fitton, president of Judicial Watch, took a harder line on X, calling the ruling an example of a broader pattern. "Three anti-Trump Obama judges abuse power to impair basic immigration law enforcement," Fitton wrote. "We have a judicial integrity crisis in the federal courts." Fitton's characterization, that the judges "abuse power", is his own assessment, not a legal finding, but it reflects a frustration shared by many conservatives who see Obama-era judicial appointees as a persistent obstacle to the current administration's enforcement agenda.
That frustration is not limited to immigration cases. Across the federal judiciary, questions about whether institutional actors operate with sufficient accountability continue to surface in contexts ranging from national security to domestic policy.
All three panel judges trace back to a single 2013 Obama nomination push
One detail worth noting: Pillard, Millett, and Wilkins were not appointed separately over the course of Obama's presidency. All three were nominated together in a deliberate push to reshape the D.C. Circuit, which handles many of the federal government's most consequential regulatory and executive-power disputes. Obama announced all three nominations at a single Rose Garden event on June 4, 2013.
The D.C. Circuit is sometimes called the second most powerful court in the country because of its jurisdiction over federal agency actions. Stacking it with ideologically aligned judges in a single nomination wave was a strategic move, and more than a decade later, the consequences of that strategy continue to play out in cases like this one.
The ruling leaves several questions unanswered. The full case name and docket number were not specified in available reporting. The specific provisions of federal tax-confidentiality law the court found were violated were referenced only in general terms. And the precise nature of the "incomplete or insufficiently populated" information ICE submitted remains unclear, raising the question of whether the procedural deficiency could be fixed relatively quickly, or whether it reflects a deeper structural mismatch between how ICE collects data and what the law requires for disclosure.
Fraud and misconduct in positions of trust, whether by business figures accused of deceptive practices or by federal judges who treat appellate opinions like blog posts, corrode the institutions Americans depend on. The standard should be the same everywhere: if you hold a position of authority, act like it.
Federal judges serve for life. The least the public can expect is that they pen like it.

