Discover and read the best of Twitter Threads about #appellatetwitter

Most recents (24)

1/ The 150+ signatories to this letter arguing the Senate CAN impeach former officers, including ex-presidents, are a murderers' row of leading legal minds. E.g., @jadler1969 @FOBowman3, Steven Calabresi, Charles Fried, @ngertner... #SCOTUS #appellatetwitter
3/ And many more distinguished scholars and lawyers; I just quickly skimmed.

You can read the letter and list of signatories here (via @Politico). Thanks @esiattorney for the heads up! #SCOTUS #appellatetwitter #lawtwitter
Read 3 tweets
.@HamLincLaw will hire smart, ethical, experienced litigators who happen to have Trump on their resume. Smart ethical BigLaw refugees who’ve collected their bonuses and want to do something more interesting for less pay, too.
Everyone *says* they love our job description... #appellatejobs #AppellateTwitter
Stay in DC, escape to somewhere else where you’re licensed and a home office and taxes are cheaper, either is ok! We just want the quality work!
Read 4 tweets
The government has filed its brief in support of holding Jake Angeli (aka "Q-Shaman") without bail pending trial. Let's take a look. #lawtwitter #appellatetwitter…
First, an 18-page memo filed prior to a detention hearing isn't unheard of, but it's not every day, either. It's a signal that they really, really want this guy locked up.

Next: the charges. They're getting serious here. Angeli faces two felonies: 18 USC 231 civil disorder,
which carries up to to five years in prison, and 18 USC 1512(c)(2), obstructing an official proceeding (the electoral college count), which carries up to 20 years in prison. And some misdemeanors.

Next we come to the authorization for detention. The government has to show
Read 32 tweets
Some very bad news for civil rights litigants:

Per today's decision in Tangreti v. Bachmann, supervisory liability under Colon v. Coughlin is dead in the Second Circuit

#lawtwitter #appellatetwitter… ImageImageImageImage
Following are the five ways Colon v. Coughlin, 58 F3d 865, 873 (2d Cir 1995), recognized to establish the personal involvement of a supervisory defendant.

After yesterday's Tangreti opinion, only the first and arguably part of the third are still viable in the Second Circuit
Under Colon, supervisory personal involvement could be established under 42 USC 1983 if the defendant:

1) participated directly in the alleged constitutional violation;

(2) after being informed of the violation through a report or appeal, failed to remedy the wrong;
Read 8 tweets
I've got a lot of problems with you people. And now you're going to hearing about it.
#Festivus #ForTheRestofUs #AiringOfGrievances
Why do so many of you still insist on two spaces after a period? Do you still really use typewriters or select monospaced fonts? I don't think so. So why are you resisting modernity? #appellatetwitter
And to those of you that omit the Oxford comma. Are you intentionally trying to inject uncertainty into your writing just because you like antiquated writing styles? #appellatetwitter
Read 9 tweets
Thread re: why appeals are fun, with a corporate law detour.

When I was a corporate lawyer, the only part of the work I really enjoyed was hanging out with the buyer's or seller's in-house counsel while trying to close the deal. One month I had to learn how UPC codes work 1/
so that I could write a side-agreement to help transfer the codes for a line of retail items to the buyer. I ended up asking the lawyer for all their manuals just so I could bury myself in them.

I also had to help move a machine cross-country once. I got to know the guy who /2
Basically had made the machine. He knew everything about how it worked, how to disassemble, it, etc. Total blast.

Anyway, back to my point - and this is an #appellatetwitter oldie - there's a lot of that work for a generalist appeals lawyer like me. /3
Read 6 tweets
Texas #appellatetwitter, here are my initial thoughts about the new Texas efile website.

First, the current efiling website is:
Straightforward. Easy to use. Options are on the home page. Everything is labelled, either with words or an explanatory picture.
Here's the new efiling website that Tyler Technologies invited me to try. It is:
Enigmatic. Confusing. Only labeled buttons are "log-in" buttons, which remain on the screen even though I'm logged in. Instructions tell me how to log in—again, even though I'm already logged in.
Hopefully that's just a bug that will be fixed.

But this is strange and frustrating: All options are now buried in a menu in the far top left that's labeled with just a "hamburger" icon.
Read 24 tweets
Really interesting oral argument in the Second Circuit yesterday about whether baseball's alleged tolerance of electronic sign stealing creates a claim for fantasy baseball players. The appellate panel is ... skeptical.

And yes 1/…
the Yankees' team President, who is a lawyer, argued personally that the district judge erred in deciding to make a letter about the Yankees public (this was a side issue). He was... too casual, but ok. His position is going to lose however.
One interesting #AppellateTwitter part:

Lawyer: "I think you're looking at this from the wrong perspective Judge"

Judge: "I'm sure I am, but you had better tell me how."
Read 4 tweets
Everyone’s going on about this Texas case, but forget about the “Honey War” case of 1839, which almost led to armed conflict between Iowa and Missouri. State of Missouri v. State of Iowa, 48 U.S. (7 How.) 660 (1849), is a 9-to-0 ruling by SCOTUS which held that the 1/7
Sullivan Line of 1816 was the accepted boundary between the states of Iowa and Missouri. According to @wikipedia Missouri tried to seize parts of agriculture-rich southern Iowa (of course they did! Jerks!) This territory was agriculturally valuable, and was 2/7
known for its exceptional honey production. In late 1839, the sheriff of Van Buren County, Iowa, arrested the sheriff of Clark County, Missouri, after the latter twice attempted to collect taxes on Iowans living north of the Sullivan Line. 3/7
Read 7 tweets
1/ For my latest post on Original Jurisdiction, my new @SubstackInc publication, I interviewed @KannonShanmugam, a top Supreme Court advocate -- who yesterday had his 30th argument before #SCOTUS. #appellatetwitter
2/ ICYMI from last week, in my first post on Original Jurisdiction, I interviewed David Boies, a top trial lawyer, and Natasha Harrison, his heiress apparent at Boies Schiller Flexner. #lawtwitter #Biglaw
3/ Tentative publication schedule for Original Jurisdiction:

- Monday: a standard-length post.

- Wednesday or Thursday: an in-depth interview or profile of a legal newsmaker.

- Friday: my weekly update, Judicial Notice. #lawtwitter
Read 4 tweets
Hey #appellatetwitter, good typography takes some work, but avoiding bad typography is not hard.

You can achieve competent typography for your legal writing if you just get five basics right.
1. Use normal capitalization for all argument headings & subheads.

NOT ALL CAPS and definitely Not Title Caps. Use all caps only for section headings, like SUMMARY OF ARGUMENT.

Capitalizing headings is the most common typography blunder that good lawyers make. Still a blunder.
2. One space after periods.
Read 8 tweets
Won of my colleagues whom I helped moot a couple months ago just won her appeal against the Housing Authority! #AppellateTwitter
I'm so happy for her! Young lawyer, first Appeals Court argument (I think). Just awesome all around!
And yet again, Justice James Milkey keeps his spot as one of my favorite current Appeals Court judges. I just love him.
Read 4 tweets
Gladiator is on TV, so it's time for a quick #AppellateTwitter story:
I got hired to handle an appeal after the client lost a jury trial. Before signing a judgment on the verdict, the judge ordered the parties to mediate again. 1/6
We thought that the plaintiffs might take the message that the verdict had issues and they might get reasonable at mediation. After all, a judgment on the verdict couldn't make things any worse for the defendants. Alas ... 2/6
At mediation, we skipped the opening joint session. We sent an offer to the plaintiffs. After visiting with them, the mediator came back and apologized for the message he was instructed to convey from the plaintiffs. 3/6
Read 6 tweets
As I suggested it might be, this is a cold, clinical dismantling of the Trump campaign's claims and absurd legal strategy. Haven't yet finished the whole opinion, but it's a biting read.
An #AppellateTwitter side-note, Judge Bibas is a magnificent writer. Just wonderful. He uses all of those gifts here - so clear, so crisp.
Read 9 tweets
Once again, I have failed to construct parody arguments that would not be matched by the actual "evidence" entered into court.
The argument is that (Biden 2020 vote - Clinton 2016) vote is not normally distributed, which suggests fraud.


1.) There's no particular reason for it to be normally distributed. Not every phenomena is normally distributed.

2.) Eyeballing it, it *is* normally distributed.
Oh jeez, it seems likely the "weird outliers" are entirely the result of bad data cleaning.

For example, "Pleasant Ridge" was two precincts in 2016 (691 and 670 votes for Clinton, respectively), and one precinct in 2020 (such that "Precinct 1" had 1605 votes).
Read 8 tweets
1) Great thread by @RMFifthCircuit on not making things personal with opposing counsel on appeal. By all means be ruthless in attacking your opponent's argument, but NEVER attack opposing counsel on a personal level. (cont) #appellatetwitter
2) That's why my first rule for appellate oral argument is to ALWAYS, no matter what the issue is or how it goes, shake opposing counsel's hand after the argument is done. #appellatetwitter @RMFifthCircuit
3) Again, being cordial does NOT, contrary to what some seem to think, mean conceding your case, or refusing to fight for your side as hard as possible, with all your might. Rather, it means not attacking opposing counsel on a PERSONAL BASIS. @RMFifthCircuit #appellatetwitter
Read 4 tweets

Good afternoon, trainwreck and Pennsylvania Trumpian Litigation fans, let's get started.

I'm not going to link the filing directly here - don't want to take the time to upload it, but it should be up at this site soon.…
And I'm guessing people will give the links in the comments here when it shows up. It's long, so without further ado let's get rolling. (I want to finish in the next few hours to have time for my stream later.)
Read 74 tweets
Alright Trump has now filed his brief. Late, but filed. I will read, but just from the table of contents, it’s something else.…
So, first immediate thing: we’re now back to the only issue on appeal being the denial of the motion for leave to amend, it seems.
This confirms my previous tweet. Note, this is their only shot on appeal. There's not like, some other brief where they can challenge the trial judge's decision on the First Amended Complaint. By filing this brief, they are done on that.
Read 7 tweets
State of play on Trump campaign/GOP litigation in Pennsylvania:
- On Saturday, a federal judge dismissed (and demolished) Trump's big swing to stop the state from certifying Biden as the state's winner:…
- The campaign appealed to the 3rd Circuit, but contrary to their insistence this weekend that this puts them on a fast track to SCOTUS, what they're asking for is to go *back to the district court* and get a chance to press their second amended complaint…
- The judge had dismissed the campaign's first amended complaint (which they filed after the 3rd Circuit issued an opinion in another case, Bognet, that undercut much of the legal foundation of the campaign's complaint), and denied its request for leave to file a second one
Read 27 tweets
Wanted to bring this good comment up to top. This is right.

If you actually had even the tiniest shred of evidence of anything that was said in the Rudy presser just now - even a whiff of it - you would march into federal court with it metaphorically stapled to your face.
There is no possible advantage for the Trump team to hold back their supposed evidence. In their fantasy world, the courts need to act RIGHT NOW to prevent certification. Not tomorrow, not next week. If I had the goods on such a thing (and of course, there are no goods) /2
I would break every #AppellateTwitter rule about not using dual modes of emphasis (this is a law nerd joke). It would be bolded, and italicized, and in flashing colors. The cover of my brief would be the evidence. I would make a tie of the evidence and wear it.
Read 4 tweets
1) I just passed 20K followers. When @tracybeanz posted my Pennsylvania story 3 hrs ago, I had 12.7K followers. I've only been on Twitter since March of this year.

THANK YOU to everyone who has followed me. I never in my wildest dreams could have anticipated this. (cont)
2) As I said before when I first passed 10K, I would thank each of you individually if I could. And as I've also said before, the most fulfilling part of this is seeing so many people in our country become more familiar with our legal system. (cont)
3) I always wanted to be an appellate lawyer. I never thought I would open my own practice, but somehow I did. Words cannot describe how much I love my job. It is a true vocation. Being able to use it to serve the general public is an incredible honor.
Read 5 tweets
Three more Fifth Circuit arguments scheduled for this year. Going to hit my career high in arguments for a year this year (8).

That’s not a humble brag. Just a brag that if you’re totally determined to make this your career you might make it happen. #appellatetwitter
Yes I know, fed defender friends are going to show up at some point and say they had 25. Ok, but these things are rarer on the ground on the civil side.
I also want to note we’re pretty fanatical about getting other people arguments. @TWapplaw’s insistence was how I started getting them, and we are always working to get them to others too.
Read 6 tweets
1) Nerdy SCOTUS #appellatetwitter post:

It has been over six years since any Justice has issued an in-chambers opinion. (Dissents/concurrences don't count) See Teva Pharm. v. Sandoz, Inc., 572 U.S. 1301 (Roberts, C.J., in chambers). (cont) #appellatetwitter @steve_vladeck
2) Regardless of where you stand on the Court's current shadow docket practice, I think it's sad that in-chambers opinions have all but disappeared. (cont) #appellatetwitter @steve_vladeck
3) In-chambers opinions not only clarify the standard a petitioner must satisfy to obtain a stay pending cert, but also clarify how the issuance of such a stay is NOT synonymous with ruling on the merits. (cont) #appellatetwitter @steve_vladeck
Read 5 tweets
1) Steve--I have to respectfully disagree with your argument below. Justice Ginsburg's replacement of Justice White unquestionably helped moved the Court to the left. (cont) @steve_vladeck @KSVesq #appellatetwitter
2) Justice White was one of two dissenters in Roe v. Wade, and dissented again when the Court upheld Roe in Planned Parenthood v. Casey 1992. (cont)
3) Justice White also wrote the majority opinion in Bowers v. Hardwick, which upheld a state law criminalizing sodomy. The Court later overruled Bowers in 2003 with Lawrence v. Texas, which Justice Ginsburg joined (as almost everyone expected her to).
Read 12 tweets

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