"Fasten your seatbelts, this is going to be a bumpy ride."
We are not being literary. THIS is how Fifth Circuit Judge Jerry Smith's dissent in a Texas redistricting brawl case begins. And the first several pages are an unmitigated attack on US District Judge Jeffrey Vincent Brown, both sitting as a three-judge panel on a district court more fractured than Miami civil judges fighting over chambers in the new mega-civil-courthouse which will be open in December- Memo to our civil colleagues- get those summary judgment motions filed!
The dissent is personal and angry. Judge Smith brings up prior cases where his nemesis Judge Brown was reversed, as a way of expressing his complete disdain for Judge Brown. Maybe the nicest thing Judge Smith said about Judge Brown was that he exhibited "pernicious judicial misbehavior." Really.
These two guys need to meet in some El Paso bar, down a cold one, step out back, and resolve their issues. And someone needs to record it for Tik Tok and IG.
Let's just say if you invited these two judges to your Thanksgiving, gravy and mashed potatoes would fly. A turkey leg would be used as a mace to batter the other. We know Judges don't just dislike but despise each other. But rare is the fight that breaks out in a published opinion. And we would never pass up the opportunity to fuel the flames. Almost as good as the infamous Miami Fax machine contretemps in civil circuit that long-time and careful blog readers will remember. Enjoy.
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