Let’s talk the Judiciary

[Satchel 6908]

Couldn’t find an appropriate thread in which to post this:

https://news.yahoo.com/mitch-mcconnell-urges-courts-ignore-214428726.html

Let’s end judge shopping:

Senate Minority Leader Mitch McConnell, R-Ky., on Thursday criticized a move made by the federal judiciary to restrict the practice of "judge-shopping," an approach conservative lawyers have recently used in high-profile cases in an effort to find a sympathetic jurist.

McConnell said on the Senate floor that the U.S. Judicial Conference, the policymaking body of the judiciary, was effectively siding with Democrats, who have complained about conservative groups and Republican attorneys general filing contentious lawsuits in single-judge divisions.

"This was an unforced error by the Judicial Conference," McConnell said. "I hope they will reconsider."

 

He suggested that district courts could resist applying the new policy.

"I hope district courts throughout the country will instead weigh what is best for their jurisdictions, not half-baked 'guidance' that just does Washington Democrats’ bidding," he said.

McConnell, joined by two fellow Republicans, Sens. John Cornyn, R-Texas, and Thom Tillis, R-N.C., have also sent letters to judges around the country making that point.

Recent examples of judge-shopping include several cases filed in Texas, including the conservative bid to overturn federal approval of the abortion pill mifepristone. That was filed in Amarillo, where it was guaranteed the judge would be Matthew Kacsmaryk, a former conservative legal activist appointed by then-President Donald Trump.

The new policy, announced this week, would ensure that any cases seeking to block state or federal policies in federal district courts would be assigned randomly from larger pools of judges.

Some conservative judges have already criticized the move. It was described as a "good idea" by Judge Jeffrey Sutton, a conservative judge on the 6th U.S. Circuit Court of Appeals who chairs the Judicial Conference's executive committee.

[Satchel 6908]

The meat of the matter in the classified docs case and Judge Cannon can be found at the 3:15 mark in this clip:

 

[Satchel 6908]

The Courts are all over the place on SB4

https://www.cbsnews.com/news/sb4-texas-immigration-law-blocked-again-after-supreme-court-allowed-state-to-arrest-migrants/

Hours after the Supreme Court gave Texas officials permission to jail and prosecute migrants suspected of crossing the U.S. southern border without authorization, an appeals court late Tuesday blocked the state from enforcing its controversial immigration law known as SB4.

In a late-night order, a 5th Circuit Court of Appeals panel dissolved a pause that it issued in early March to suspend a lower court ruling that found SB4 to be unconstitutional.

The order reinstated a ruling from U.S. District Court Judge David Ezra, who concluded in late February that SB4 conflicted with federal immigration laws and the Constitution.

Earlier on Tuesday, the Supreme Court denied a request from the Justice Department to void the initial 5th Circuit order that had paused Ezra's ruling. The high court allowed SB4 to take effect for several hours, though it's unclear whether Texas arrested any migrants under the law during that short time span.

Ezra's order blocking SB4 will stay in place until the 5th Circuit rules on Texas' request to allow the law to be enforced while the appeals court considers its legality. A virtual hearing on that question is scheduled for Wednesday morning

[BehoId, The Underminer! 11668]

A fifth circuit buffet of trump appointees just signed a letter saying they won't hire columbia grads as clerks because of the antisemitism re gaza protests on their campus and the administration's failure to control same.

https://abovethelaw.com/2024/05/federal-judges-hiring-columbia/

https://abovethelaw.com/2024/05/judges-boycotting-columbia-letter-lie/

 

familiar names include James Ho, Alan Albright, Kasmaryk up in Amarillo

[Js1 85126]

I’m sure there’s plenty of drooling dumbass Texas A&M Law students they can hire who agree with them on everything 

[BehoId, The Underminer! 11668]

What annoys me about this is that I hold back a little hate for folks like Kacsmaryk that are targeted for forum shopping.  Maybe he just has a really conservative judicial philosophy and the AG just takes advantage of the forum rules and puts cases up there.  Maybe he doesn't deserve hate for that.  He's sort of an unwilling participant in the big sham.  But then signing onto stuff like this makes it clear that he wants to be involved in the politicization of the judicial branch.  It makes it clear it's not unwilling at all. 

[BehoId, The Underminer! 11668]

Another thing is that I like that it isn't all the Texas trump appointees.  Notably absent is Cam Barker, who probably happens to be the smartest of all these guys.

[A-Tex Devil 2445]

14 minutes ago, BehoId, The Underminer! said:

What annoys me about this is that I hold back a little hate for folks like Kacsmaryk that are targeted for forum shopping.  Maybe he just has a really conservative judicial philosophy and the AG just takes advantage of the forum rules and puts cases up there.  Maybe he doesn't deserve hate for that.  He's sort of an unwilling participant in the big sham.  But then signing onto stuff like this makes it clear that he wants to be involved in the politicization of the judicial branch.  It makes it clear it's not unwilling at all. 

Was about to put a /youseriousclark.gif up before I read your last sentence.  I'd be stunned if Kacsmaryk wasn't actively soliciting to get the mifepristone case.    

[wildcat09 29266]

48 minutes ago, BehoId, The Underminer! said:

A fifth circuit buffet of trump appointees just signed a letter saying they won't hire columbia grads as clerks because of the antisemitism re gaza protests on their campus and the administration's failure to control same.

https://abovethelaw.com/2024/05/federal-judges-hiring-columbia/

https://abovethelaw.com/2024/05/judges-boycotting-columbia-letter-lie/

 

familiar names include James Ho, Alan Albright, Kasmaryk up in Amarillo

I actually love this. They're not punishing liberals with this shit, they're punishing the next generation of conservative "elites."  

[BehoId, The Underminer! 11668]

2 minutes ago, wildcat09 said:

I actually love this. They're not punishing liberals with this shit, they're punishing the next generation of conservative "elites."  

How many Columbia grad resumes do you think end up in front of Kacsmaryk?  And how much does politics come into play for someone wanting to clerk with Albright?

[TwiceHorn 31304]

3 hours ago, BehoId, The Underminer! said:

What annoys me about this is that I hold back a little hate for folks like Kacsmaryk that are targeted for forum shopping.  Maybe he just has a really conservative judicial philosophy and the AG just takes advantage of the forum rules and puts cases up there.  Maybe he doesn't deserve hate for that.  He's sort of an unwilling participant in the big sham.  But then signing onto stuff like this makes it clear that he wants to be involved in the politicization of the judicial branch.  It makes it clear it's not unwilling at all. 

Well, he worked for Baker Botts' Dallas office then that nutbar Christian outfit in Plano.

And took a judicial assignment in Amarillo, where he'd be the only judge.

So he's complicit as fuck.  I hope the smell of feedlots nauseates him.

Edited May 8 by TwiceHorn

[TwiceHorn 31304]

2 hours ago, BehoId, The Underminer! said:

How many Columbia grad resumes do you think end up in front of Kacsmaryk?  And how much does politics come into play for someone wanting to clerk with Albright?

Well a law student does have to apply for a clerkship, so it's voluntary.  But I imagine those interested in clerkships that don't have a connection shoot them to all the judges in a city they want to work in.  And would probably accept a clerkship with any judge that will have them.

Albright probably gets a bunch of Baylor resumes by default.  Some with patent litigation aspirations from wherever, but probably not many from Ivies.  And, I don't imagine politics plays a huge role, maybe among FedSoc geekazoids, but not law students at large.

A long time ago, I wandered the campus at Yale, including the law school.  Not many or any district judge clerkships listed among the employment destinations of the graduating class.  Quite a smattering of Court of Appeals and a handful of SCOTUS, but district court is slumming for them.

Edited May 8 by TwiceHorn

[TwiceHorn 31304]

On 3/15/2024 at 3:04 PM, Satchel said:

The meat of the matter in the classified docs case and Judge Cannon can be found at the 3:15 mark in this clip:

 

For the record, that was not a forum-shop.  Jack Smith chose the forum and, to his detriment, chose the single most unimpeachably not forum-shopped forum in the entire United States.

I believe he could have filed anywhere in the Southern District of Florida, including Miami, Fort Lauderdale, West Palm Beach, and Key West and venue would have been legally correct, subject to Trump's motion to move it to Fort Pierce or West Palm Beach, which would not have been a slam dunk.

[Dnaguy 11777]

3 hours ago, BehoId, The Underminer! said:

A fifth circuit buffet of trump appointees just signed a letter saying they won't hire columbia grads as clerks because of the antisemitism re gaza protests on their campus and the administration's failure to control same.

https://abovethelaw.com/2024/05/federal-judges-hiring-columbia/

https://abovethelaw.com/2024/05/judges-boycotting-columbia-letter-lie/

 

familiar names include James Ho, Alan Albright, Kasmaryk up in Amarillo

The judiciary keeps poking the bear.

Would be a shame if a some future e democratic congress used its article iii power and started remaking the judiciary.

I mean, it ain’t going to happen. But maybe in some other simulation it has. That would be fun to watch.

[ChuckNorrisActionJeans 2659]

3 hours ago, BehoId, The Underminer! said:

What annoys me about this is that I hold back a little hate for folks like Kacsmaryk that are targeted for forum shopping.  Maybe he just has a really conservative judicial philosophy and the AG just takes advantage of the forum rules and puts cases up there.  Maybe he doesn't deserve hate for that.  He's sort of an unwilling participant in the big sham.  But then signing onto stuff like this makes it clear that he wants to be involved in the politicization of the judicial branch.  It makes it clear it's not unwilling at all. 

ah man, you should have seen his confirmation hearing. He's an unapologetic activist and completely, utterly unfit to wear the robe.

[The Original Greaser Bob 2799]

I'd love to see a 9th Circuit group of judges saying they are going to do their best to hire as many Columbia grads as possible.

Fucking Alan Albright with his TU and UT diplomas.