Anyone interested, Gohmert’s appeal has been filed in the Fifth Circuit. Of course, this will fail, it’s dumb, etc. But since it’s in my wheelhouse, I’ll keep track.
No motions yet. I assume they’re going to file some kind of emergency request.
Here’s their motion for an expedited appeal. I don’t really get what they want. They said they need relief before 1/6, but the best this appeal can do is put them back at square one. Anyway, enjoy. drive.google.com/file/d/1YNKDS_…
Also, they filed it as an unopposed motion. I was shocked that Pence might have agreed to this. But it turns out they emailed Pence today and he didn’t get back to them yet. That’s … not the same thing.
Here’s their explanation. I don’t get it. They emailed counsel, who referred them to counsel, but some other counsel told them they took no position? Whatever.
Anyway, this dumb dumbery will have been sent to one of the Fifth Circuit’s motions panels, which I’d guess will do something with it over the weekend. Of maybe Monday morning.
*or maybe, I meant.
Just by the way, this whole method of litigation, where you create the emergency by not suing, then tell a federal court of appeals when it has to act because you’re in a jam, in normal circumstances that is the road to Butt-whooping-ville.
Normally, the Court would gently instruct you on who it is that sets the deadlines (not you, it turns out).

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More from @RMFifthCircuit

3 Jan
The Fifth Circuit cuts everything short on the stupid Gohmert suit with these brutal disposition. A very conservative panel btw.
I cannot explain how unusual and dismissive it is for the Fifth Circuit to summarily affirm without even responsive briefing. They might as well have stamped “please go away you silly person” on the top.
I’m sitting here laughing, but also, it’s terrible that the Court is presented with these stupid and shameful cases.
Read 7 tweets
2 Jan
Trying to distribute 750 vaccines for the entire city of houston through a call center was completely bananas. When I heard about it I assumed they had tens of thousands of doses.
There’s a deadly pandemic. The City is passing out vaccines. Literally hundreds of thousands of people in Houston fall into Texas’s 1b priority (everyone has a BMI > 30). Call center???
I’ve been very positive about Houston leadership during the pandemic. But … let’s not do it this way.
Read 7 tweets
2 Jan
The Gohmert case against Pence is dismissed, as expected. 1/
It’s a straightforward dismissal. Exactly what you’d expect from Judge Kernodle, in my limited experience.
Read 5 tweets
23 Dec 20
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
21 Dec 20
Re: all the debate about architecture. This is the Houston federal courthouse. One of my few real trolls is saying “this is bad” because a totally non-zero number of my friends love it. Image
By contrast I love the Austin courthouse and am invariably told I am a fool by both the architect snob guys and the classical is the only way guys. Image
I argued a case in Salt Lake City and also love theirs. Image
Read 4 tweets
16 Dec 20
OK, I had held off commenting on the New York "symbols of hate" statute, which purports to ban "symbols of hate" in some circumstances. As everyone else has noted, it is obviously unconstitutional. But I hadn't seen the text, which is bananas. 1/
Problem 1: symbols of hate isn't properly defined. Note where it says "not be limited to" in 146(2). So, in the hands of extremists of one type or another, the following could suddenly become such: the christian cross, a muslim crescent, a BLM sign, whatever PETA's logo is.
This problem, in my preliminary view, renders even Section 146(1) (which mostly is about the Government's own speech) pretty suspect. I'd need to think about it further. /3
Read 9 tweets

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