"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.
8 comments:
I’m buying Nvidia at 179. I hope this is smart.
I made it four pages into the dissent before tapping out. The writing style is so fragmented that my inner voice can’t help but read it in the textual equivalent of vocal fry. It feels like a judge trying way too hard to sound “cool,” and the result is a string of clipped flourishes instead of actual reasoning. At this point, the only thing missing was opening with “quiet, piggy.”
A great lesson in why to never go for an ad hominem attack. Judge Smith loses credibility with each page. He may or may not be right, but no one is going to get that far in the dissent.
Rumpole do you think Mayor of NY Mandami will be good or bad for the city and its citizens?
I didn’t get much further. But hus anger was fascinating.
I think he will be great. He’s like Roosevelt. I don’t wedded to a philosophy so much as a problem solver which nyc needs now. Make rents more affordable, find a way to bring food prices down. Make transportation more affordable and the city is a better place for all. Crime is down. Retail is doing ok. The food scene is as vibrant as I’ve seen in decades. The remaking of downtown - is called Fidi- the financial district- into a residential community has been remarkable. I’m a bull on NYC and I think he’s going to be successful. Adam’s was a bust. I see him as an Ed Koch. A populist. I don’t think he will raise taxes on the wealthy and ultra wealthy. I think he will reach out to them and to corporations and get the help he needs in a way that threads the needle. I’m very optimistic. And if all the rich people sell and ,move here- I’m a buyer of nyc real estate. Plus I’m done wirh Miami.
A truly groundbreaking comment. I was completely unable to grasp the post's core topic until you shared your entry price on a single security. Please, do continue to provide us with irrelevant, self-congratulatory stock updates. The suspense over whether your $179 purchase is doing well is truly unbearable. We'll be on the edge of our seats waiting for your next self-serving, off-topic broadcast.
I’m right with you on this. The red baiting in this country is beyond stupid. Everything requires moderation. Let the pendulum swing. If capitalism was so great, then why are most barely scraping by and ~40% of Americans unable to access funds in the event of a $1000 emergency. Rumpole, why are you done with Miami? I’m from NJ/NYC and love it there as I do here. But it’s not what it was 20 years ago
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