How the 5th Circuit Won by Losing, with Steve Vladeck
Added 2024-09-23 05:55:51 +0000 UTCWe are excited to welcome Georgetown law professor Steve Vladeck back to Opening Arguments for a look back at how the Supreme Court responded to the infamously unruly--and increasingly more extreme--Fifth Circuit Court of Appeals in its last term. How did the 5th “win by losing,” and why is there still cause for future concern even after SCOTUS reversed all but three of the eleven cases it took up from them? What kind of messages are the high court justices trying to send back to the 5th, and why aren’t they receiving them?
Also discussed: Neil Gorsuch’s most recent not-quite-true statement, why the Supreme Court continues to tolerate the dumbest standing arguments on Earth, the 5th’s use (and abuse) of administrative stays, and what may or may not be wrong with Matt’s brain.
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“The Fifth Circuit Won by Losing,” Steve Vladeck, The Atlantic (July 9, 2024)
“30 Hours of SB4 Whiplash,” Steve Vladeck, LexisNexis.com (March 20, 2024)
Comments
Durbins been fighting to restore it, and as chair of the Senate judiciary, that means he can decline to push judges that don't in effect have the equivalent of it.
Gmork
2024-09-25 19:15:59 +0000 UTCThe GOP-controlled Congress unilaterally stopped honoring blue slips under Trump already, and the policy was not reimplemented under Biden.
Chris Conley
2024-09-25 18:05:15 +0000 UTCCommenting before listening, cuz I'm a rube. But demanding 11 bullshit things and complaining when you get only 3 of them is like, Asshole Negotiation Tactics 101. This just tells the asshole that all they have to do is demand like 40 evil things and they'll get 11. And both the asshole and whoever gives them the things, gets to look reasonable because they didn't grant ALL the demands so don't lose your shit over it. Could've been worse. It's kind of like when you tell your parents you're getting a sleeve tattoo, dating a biker and dropping out of school when actually all you wanted to do is get a helix piercing and go on a road trip.
Bald Weasels Scrotal Manscaping
2024-09-25 01:18:54 +0000 UTCThe word "feckless" makes me laugh 100% of the time, every time.
Katie Herrmann
2024-09-24 02:53:11 +0000 UTCI wasn't familiar with this IFP vs paid docket distinction. Given Steve didn't bring it up I assume the answer is no, but is there any reason to believe some of the decline of IFP cases could be due to cases being filed as paid cases instead? If we were on a good timeline a decline in IFP cases might be caused by improved access to pro bono legal services and no longer meet the IFP criteria. I'm sure we're not on this good timeline, but if Steve is on again at some point it would be interesting to hear a deeper discussion of this topic.
Why do podcasters say moron that later
2024-09-23 18:48:15 +0000 UTCDitching tge blue slip process seems like an even easier (if gradual) way to prevent tge GOP from stacking tge Fifth Circus only with crazies.
Gmork
2024-09-23 15:34:33 +0000 UTC
