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…
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)
• • •
Missing some Tweet in this thread? You can try to
force a refresh
