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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
Sep 14
So when I argued at the Louisiana Supreme Court a couple of weeks ago, I noticed the lectern. It was emblazoned with a vintage logo from IBM, and two brass clocks. I couldn’t find anything about it. /1
After fumbling around on google, I emailed the Supreme Court library. After a bit of back and forth, I received a gracious response from the retired Clerk of Court. /2
It’s an IBM Lectern originally bought when the Court moved to its then new building in 1958. It was fully wired into the courtroom with a then state of the art lighting and sound system /3 Image
Read 6 tweets
Raffi Melkonian Profile picture
Aug 2
OK, I'm leafing through the judge's decision wiping out the Sunday Ticket verdict against the NFL, and it is a wowy Mc Wow decision.

Here is the opinion. I will break it down in this thread. 1/

drive.google.com/file/d/1vy9n1_…
(1) The plaintiffs had used an expert to calculate how much harm the NFL was causing through Sunday Ticket. The expert used college football and how games are distributed there as his example. The Court says this methodology doesn't work. Image
The Judge says this college methodology didn't take into account the distinctions between college and pro football. Image
Read 10 tweets
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

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