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Raffi Melkonian Profile picture
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10 Jul, 4 tweets, 2 min read
Ca5 issues a stay of an injunction preventing a judge from holding prayers before Court. 1/

ca5.uscourts.gov/opinions/pub/2… Image
Worth noting, the Court is especially scathing towards Texas’s Commission on Judicial conduct, which it evidently feels defied the Court administrative stay. /2 Image
The Court is also pretty unhappy with the decision below /3 Image
I see now: the Texas Commission’s actions are the irreparable harm the Court invokes – that’s why they’re mentioned here. Image

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More from @RMFifthCircuit

Raffi Melkonian Profile picture
12 Jul
I’m also listening.
Sidney Powell and Lyn Wood seem to have hired separate counsel for the sanctions hearing.
So far we are just doing roll call.
Read 45 tweets
Raffi Melkonian Profile picture
10 Jul
Note from this AM's writing session: if you can, it's very good to leave a brief for a couple of days and let it stew. You think you're not thinking about it, but maybe you are. #AppellateTwitter.
Among other things, the time helps achieve that most important thing in writing an appellate brief, which is not putting the words on the paper (important) but in figuring out what the case is actually about, once the doctrine and the citations are stripped away.
The thing the case is actually about is often different than what most of the lawyers have said it was about.

Maybe you're not even doing your job if you can't figure out what it's really about and just mimic what everyone else says it's about?

That's too strong. But maybe.
Read 5 tweets
Raffi Melkonian Profile picture
26 Jun
@JusticeWillett continues his (sometimes solo) fight against qualified immunity, issuing a powerful dissent from denial of rehearing this evening. He recognizes what many of us have said: there is a "shift" in CA5's QI jurisprudence 1/

ca5.uscourts.gov/opinions/pub/2…
His description of the facts is evocative - it gets a strong reaction, which you will see in the next tweet 2/
Judge Jolly says Judge Willett essentially is out to lunch. (I've read the facts in this case and I think it's a lot closer to burned alive) /3
Read 14 tweets
Raffi Melkonian Profile picture
16 Jun
Every so often I find a CA5 case that gives me a grand headache - today is one of those days.

The short story: case filed in state court. Defendant counterclaims. Plaintiff doesn't answer - Texas law deems this a general denial.

But ... 1/
ca5.uscourts.gov/opinions/unpub…
In the meantime, the case was removed to federal court. And in federal court you *must* answer counterclaims.

Two years later, after MSJs are briefed, Plaintiff answers the counterclaims. The district judge (alas, one that has been in the crosshairs recently) accepts. /2
But he doesn't explain in any way what excusable neglect might have justified the delay. CA5 not only reverses, it finds there is no excusable neglect. /3
Read 5 tweets
Raffi Melkonian Profile picture
15 Jun
I'm seeing lots of clerkship advice, so here's mine. I've said it before. It's very niche advice.

If you happen to be at a school where people talk unironically about which circuit or district is more "prestigious" - you know who you are - basically, stop it. 1/
Yes, for a few people who are trying to ascend the clerkship ladder to SCOTUS, I guess this is important. I dunno man.

But otherwise, clerking for a judge who is interested in your career and development and treats you fairly is an incredible privilege and honor. /2
All the judges decide important cases that decide important rights for many many people, and the commission that hangs on their wall and the constitutional authority that flows from it is the same.

So, again, stop it with the rankings.
Read 5 tweets
Raffi Melkonian Profile picture
15 Jun
The quoted email here is just shocking. Not that we didn’t know Trump was pressing DOJ to bring these claims. Of course he was. But in black and white.
I’m very glad DOJ held up to this incredibly improper pressure campaign.
The coup attempt was pathetic, but that doesn't mean Trump wasn't trying.
Read 4 tweets

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