Anyone interested in a very strong oral argument, I recommend Pulse v. Visa at 12:30 (here is the link - ca5.uscourts.gov/docs/default-s…)

The case features DC superstar Paul Clement v. Texas appellate star Allyson Ho, on antitrust standing.

Also, I note this letter from the panel. Image
Yes, Allyson Ho is married to Judge Jim Ho, but in any event she has been a leading Fifth Circuit practitioner for many many years.
There is a criminal case up first, so Pulse should begin at 1 pm.
About to start, for anyone interested, at this direct link. 5thcircuit.streamguys1.com/enbanc
I always enjoy Clement's use of "beef" when he's trying to say what his client's main problem is. He does this a lot in his arguments.
This is an obvious point, but Clement is always very strong on understanding (or at least seeming to understand) the business reality of his case.
Court: "Where does Professor Epstein go off the rails?" (Epstein wrote an amicus)

Clement: "God bless Professor Epstein, but I don't think he agrees with some of the precedents on the books"
Interesting, Clement is asking for reassignment to a new judge. Fifth Circuiters can guess who the district judge is.
Here's Allyson Ho, now.
Really quiet argument. They're letting both advocates talk.
Well, in terms of trying to figure out what the panel thinks, this argument is of no particular use. Still, I took some notes about style!

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More from @RMFifthCircuit

7 Jan
OK, I'm going to be somewhat livetweeting the Fifth Circuit oral argument in the #SB8 remand.

To recap, what is going on? #SB8 is Texas's unusual private enforcement abortion ban. 1/
The Supreme Court said that the abortion providers could sue, but only certain Texas licensing officials, based on their understanding of Texas State law. The Court remanded to the Fifth Circuit, presumably(?) to send to the district court to adjudicate those claims /2 Image
But Texas jumped in, and told the Fifth Circuit that Texas law doesn't really allow this licensing officials to enforce anything, as Justice Thomas had suggested. So Texas asked the Fifth Circuit to send the case to the Texas Supreme Court to answer that question instead. /3
Read 31 tweets
4 Jan
And I will say, I experienced 2.5 years of that at my first firm. The physical consequences were shocking - the list of ailments that working so much under stress caused *me* (maybe not you, I get it) was extreme.
Psychologically less extreme, but I was (as I have said many times before) extremely befuddled by being so miserable at a job and I thought I must have done something wrong.
Read 7 tweets
27 Dec 21
Oh, I’m dumb. higginson wrote a dissent.
For someone who reads all of Judge Higginson’s output, this is an extremely furious, albeit respectful, dissent.
Am I being a ding dong, or does this not say who the majority is?
Read 12 tweets
27 Dec 21
I know less than zero about international law, but I happened on this opinion granting a preliminary injunction in Armenia v Azerbaijan that I found of interest. 1/

icj-cij.org/public/files/c…
A lot of it is familiar to me as an American lawyer. The factors are almost the same as what we would think about. But the subject matter is so different — is the destruction of cultural patrimony irreparable harm, for example? /2
Have to say I loved this part of the injunction! I wish you could just order people not to be a pain in the butt.
Read 5 tweets
26 Dec 21
I love this, but also want to note if we had this in Texas there is a 100% chance we would fill it with spicy queso
It’s a tear and share queso boat

Are you sure?

Yes. I mean what else is it?
Top it with some ground beef and jalapeños. You kidding me? Terrific.

Hire me for your Brit-Tex-mex concept restaurant
Read 4 tweets
25 Dec 21
My dad just claimed he met Jim Brown in Bombay in 1968 in a swimming pool.
We are investigating. Everyone is skeptical.
Well I’ll darned. nytimes.com/1969/04/24/arc…
Ok, this story is amazing. He went to the Sun and Sand Hotel pool in Bombay with some Indian friends. They were going to let him in, but they said the Indians couldn’t come in because it was whites only. Dad started shouting.
Read 4 tweets

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