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Raffi Melkonian Profile picture
@RMFifthCircuit
Dec 14, 2021 • 6 tweets • 3 min read • Read on X
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I feel like Judge Oldham wrote this concurrence for @JonahDispatch (who has a famed grudge against Wilson)

Seriously, it’s an interesting case about Free Enterprise Fund and Thunder Basin, cases about federal court jurisdiction.

ca5.uscourts.gov/opinions/pub/1…
Judge Costa’s dissent explains the issue
Judge Costa is not taken with the Wilson discussion
Ok, so I’m reading the majority now. This statutory text has long been thought to channel all jurisdiction only to the courts of appeals, so the Fifth Circuit’s opinion is truly novel. I’m surprised.
The crux of Judge Haynes’ opinion is that the text says only that a person aggrieved by a final order can sue in a court of appeals, but it doesn’t say anything about someone aggrieved by something else.
The second battleground is the SCOTUS opinion in Free Enterprise Fund - the majority says it completely resolved the case (in fact, I understand Judge Willett to have concurred only in that basis)

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More from @RMFifthCircuit

Raffi Melkonian Profile picture
Jul 2
Getting a late start today because I was looking for the constitutional text that says you can't use evidence of immune official acts to prosecute non-immune non-official acts.
It is probably in a different translation.
Maybe this stuff about how a giant criminal should be insulated from his crimes is in the Federalist Papers, and I missed it there as well.
Read 4 tweets
Raffi Melkonian Profile picture
Jul 1
What a nightmare this opinion is. Oof.
The failure to remove Trump from office is going to haunt us for a long time. Feh.
The Barrett opinion would have been a much better place to land, now that I’ve read that one.
Read 7 tweets
Raffi Melkonian Profile picture
Jun 16
A quick story about my dad: He couldn't afford to attend the American University of Beirut, which is fancy. So he was settling into not going to college, when someone told him there was a scholarship for Armenian Catholics (a tiny minority of Armenians) in Mumbai. 1/
He wrote. Startled, the Armenian Catholic congregation of Mumbai wrote back - no one had ever attempted to take the scholarship - and invited him to India. He packed a suitcase, bought a suit from the undertaker (yes, that's where you went for used suits) and got on a ship. 2/
And that economics degree he got (St. Xavier's of Mumbai forever!) is how we got to America. I'm forever grateful.
Read 5 tweets
Raffi Melkonian Profile picture
Jun 6
I have been waiting for this one. It’s a big and important decision and will get scrutiny for en banc I am sure. Slow motion thread to come (I’m really busy)

/1
In broad strokes, the case is about whether a public library was allowed to remove books from the library for the views they express. The district judge had issued an injunction requiring the books to be returned.

/1 Image
Some strange people were complaining to the library about books they didn’t like and eventually badgered the library to remove the books. /2 Image
Read 17 tweets
Raffi Melkonian Profile picture
May 4
Imagine your job is to get qualified immunity here

ca5.uscourts.gov/opinions/pub/2…
Image
What in the world were these officers playing at? Image
Indeed Image
Read 4 tweets
Raffi Melkonian Profile picture
Apr 5
Re: Judge Cannon - in civil cases, we normally do jury instructions at the end of the trial. Is criminal different?

Again, I think she's wrong not to sort out the mess now, but there's a lot of magic thinking in the articles I'm reading about how she's behaving.
The reason it's unusual here is that the former President is being prosecuted. But I've got to assume in 99.99% of other cases the charge conference is after the close of evidence.

One time, I had a case where the judge up and wrote some jury instructions 2/
Before trial and read them to the jury, but he said they were preliminary and he would change them after taking argument.

Otherwise it's at the end. And yes, this often involves major decisions (like the rule of law that governs the case).
Read 4 tweets

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